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#187561 - 01/26/07 01:17 AM Desperate for Help.....
cab123mm Offline
recently joined

Registered: 01/26/07
Posts: 1
My husband was married for 30 years and divorced in 1998. The attorneys, and both parties, failed to research the pension and retirement plans for the govt org. where my husband worked. The Attorneys wrote the QDRO in the decree. and after years of battling, my husband just wanted it to end once and for all.

The decree said to name ex spouse as irrevocable beneficiary, even after marriage, no big deal, and he signed,against his better judgment. We married in 2000. and years later, in 2003, my husband retired and went to sign all of the paperwork, which at the time forces all retirees to fill out required docs. Went to name ex as beneficiary and he was told, they cannot pay ex-spouses survivor benefits, will only go to current spouse. He said but my decree says I have to name her. Benefits dept would not allow it. So for two years after retirement, we did not pay her half of his pension, he thought, he did not have to.
Two years later, We then receive a letter in the mail from the Pension plan administrator, written to her attorney that the plan is not a QDRO and is invalid. His ex spouse has now become a mad vindictive person. We have made a proposal to her for a small life ins. policy, to resolve this. Since attorneys wrote everything wrong and we did not know anything for two years. She responded, she'll accept half of the two years back pension payments and only if we, Mr. and Mrs. to sign a promissory note with a lien against our house.....Can she really do this.....I'm not signing over my house.. What rights do we have? can she force me, to give up my rights?

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#187562 - 01/26/07 03:10 PM Re: Desperate for Help..... [Re: cab123mm]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
She can NOT force YOU to sign anything since you are NOT a party to the matter.

She can NOT force her ex-husband to sign anything either.

Consult with an attorney about the matter.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#187563 - 02/01/07 04:54 PM Re: Desperate for Help..... [Re: Gecko]
FED_Retired Offline
recently joined

Registered: 01/23/07
Posts: 10
Loc: MA
Federal Employee Retirement benefit plans are subject only to 5 U.S.C.; if OPM's guidance (for Lawyers preparing divorce agreements) was not followed (seems your case), then OPM does not have to do what a State Court decrees. In fact, the decree may require action illegal for OPM to do. So bottom line is Ex-Wife is screwed by her own Lawyer and Court that did/does not know about Federal laws and regulations. BTW, your Husband and his Personnel office should definitley have known about such matters, but have no legal responsibility. Only way Ex-Wife can get her rightful share is win her claim in Federal Court (long, costly, doubtful outcome). She could possibly sue her laywer for negligence. PS- I have no legal background.

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#187564 - 04/07/07 01:17 AM Re: Desperate for Help..... [Re: FED_Retired]
AtHomeMaughmam Offline
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Registered: 04/07/07
Posts: 3
Quote:
Federal Employee Retirement benefit plans are subject only to 5 U.S.C.; if OPM's guidance (for Lawyers preparing divorce agreements) was not followed (seems your case), then OPM does not have to do what a State Court decrees.


This sounds vaguely like it may have something to do with a question I had, but my husband is a state employee. Please forgive my ignorance, but what do the abbreviations OPM and USC mean? Thanks!

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#187565 - 05/19/07 10:40 PM Re: Desperate for Help..... [Re: AtHomeMaughmam]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
I believe that U.S.C. means United States Code.


Edited by Miranda (05/19/07 10:41 PM)
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#187566 - 05/20/07 08:04 PM Re: Desperate for Help..... [Re: Miranda]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
OPM - Office of Personnel Management.
USC - United States Code

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#187567 - 05/20/07 08:12 PM Re: Desperate for Help..... [Re: cab123mm]
aleake Offline
recently joined

Registered: 10/07/06
Posts: 20
Actually, I think the state court continues to hold jurisdiction over the property issues and can revise the order so long as it does not chage the settlement.

Sounds like malpractice to me.


Edited by aleake (05/20/07 08:13 PM)

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