Start Your Divorce Today - Premium Divorce Online

Page 1 of 2 1 2 >
Topic Options
#19972 - 07/09/05 10:17 PM Upcoming retirement
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
My ex is eligible for retirement now, but will likely work until his mandatory retirement date in 2009. As part of our divorce, I was awarded a portion of his retirement when he begins to draw it. How do I go about dealing with this? Am I totally reliant upon him to inform his personnel office that there is an order on his retirement? I do remember something about a QDRO, but I don't know what it all means. Help?

Top
#19973 - 07/10/05 03:23 PM Re: Upcoming retirement [Re: Melody]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
Not sure I will be much help as this may vary per employer? our GDRO's are currently being done. In talking with HR regarding stbx pension... I was advised at teh time the QDRO is done, filed with his company, my share of his pension is set up in a pension account of my own. Then when he retires I will have 3 options, taking it as lump sum, monthly check, or combination of lump sum and lowered monthly check.

I also will be able to designate a beneficiary for my portion should I die before he retires and I can collect. Should he die before he retires, my share of his pension is protected as is in an account in my name, not his.

Karen
_________________________
"Don't cry because it's over, smile because it happened".

Top
#19974 - 07/11/05 04:58 AM did you receive a copy of this paperwork [Re: Karen1]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
with your divorce decree? Was it prepared by your attorney?

Top
#19975 - 07/11/05 06:20 PM Re: Upcoming retirement [Re: Melody]
Lucy44 Offline
old hand

Registered: 07/11/05
Posts: 874
Loc: Rochester, MN
Melody,

"DFAS Cleveland is under a legal obligation to enforce the court order and has no authority to modify it in any way. Payment of these monies is not automatic. Former spouses must apply to DFAS Cleveland to receive this benefit.

Contact DFAS Cleveland ( 1-800-321-1080) to find out what exactly they need from you in order to begin your payments when your ex begins retirement. Your attorney should have completed the paperwork for DFAS, where they would have it on file. If you didn't use an atty., or it wasn't done, you should have no trouble completing the documents on your own.
"Accompanying the Order should be a completed application form entitled "Request for Former Spouse Payments from Retired Pay" (DFAS Form 2293)."

If there is any ambiguity in the amount to be awarded you, DFAS may require a Clarification Order, which would mean you having to go back to court. The sooner DFAS gets the paperwork, the sooner you'll know if everything is in order.
_________________________
Experience is a wonderful thing. It enables you to recognize a mistake when you make it again.

Top
#19976 - 07/12/05 09:53 PM Thanks Lucy [Re: Lucy44]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
In my case, it's the Office of Personnel Management in Washington DC who administers the retirement for federal employees. I'm digging out my paperwork now, and I will send them a letter asking what I need to do. I imagine there may be some court involvement down the road. If I remember correctly, the MSA simply said that ex would execute a QDRO, however, I know now from my reading that federal retirement systems do not use QDRO, but some other format. Since I have no copy of any paperwork being done...just the agreement to do so in the MSA, then I imagine ex and his attorney were obliged to take care of this. At least that's what I plan on arguing if ex won't cooperate.

Top
#19977 - 07/12/05 11:52 PM Re: Melody, This site may be useful: [Re: Melody]
Bjay Offline
member

Registered: 06/04/05
Posts: 130

Top
#19978 - 07/12/05 11:57 PM I think that's the one I read over the weekend [Re: Bjay]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
but I'll check it out...thanks for the pointer!

Top
#19979 - 07/13/05 02:30 AM Re: did you receive a copy of this paperwork [Re: Melody]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
Melody, divorce is not final yet. Settlement hearing last month, his attorney agreed to get the 2 needed QDRO'S started as mine was going out of town for vacation, and final hearing scheduled for July 27. My attorney found out today that his did NOT get these started, so if they are not ready quickly she is going to have final rescheduled. Per my attorney, she can do this as we have signed papers in agreement and if one thing not done she can have it rescheduled easily.

His attorney has proven to be very lax, forgetful, IMO just plain inept and dishonest. he is a drinking buddy of stbx. He can be a nice guy one minute then get so raging angry that I seriously think he has something like bi polar or something going on and is off his meds, seriously. So this incident seems pretty much par for the course.

My attorney does NOT want to proceed with final hearing until these 2 very important QDRO'S are completed and they will be part of the final orders / decree and I will have a copy of them.. Thank God for that,
_________________________
"Don't cry because it's over, smile because it happened".

Top
#19980 - 07/14/05 04:01 PM Re: Thanks Lucy [Re: Melody]
Lucy44 Offline
old hand

Registered: 07/11/05
Posts: 874
Loc: Rochester, MN
OOPS!!
There I go assuming again... <img src="/ubbthreads/images/graemlins/blush.gif" alt="" />
I had it in my head that your ex is military.
_________________________
Experience is a wonderful thing. It enables you to recognize a mistake when you make it again.

Top
#19981 - 07/14/05 05:02 PM Re: did you receive a copy of this paperwork [Re: Melody]
Karen1 Offline
Pooh-Bah

Registered: 06/02/05
Posts: 1804
Loc: Ohio
Sorry, did not answer both questions. Not prepared by my attorney, am in OH and is to be done by a company QDRO Evaluators.

I say to be done because have hit a snag yet again on the part of stbx attorney. Our final trial is scheduled for less than 2 weeks from now. At our settlement hearing in mid June stbx attorney agreed that he would get the QDRO's started with the company as my attorney was going on vacatjion. Normally we leave little to his attorney because he is so slow, and either a tactic or for real, he is "forgetful". He is also a drinking buddy of stbx.

Just 2 days ago my attorney discovered that his did not follow through and get the QDRO's started. My attorney advised she did not want to go to court without the completed QDRO's as she does not want to leave anything other than the sale of the house to be done after is final and I agree, especially not on something as important to me as my share of his pension. SO she will have the final hearing rescheduled. i thought we would be required to have either stbx or the magistrate agree to that, attorney says no because we have settlement papers signed and on file with the magistrate that states who will get the QDRO's,. that we will split the cost and they will be done and in my attorneys hands at the final hearing. Just one more thing that causes aggravation and is totally not necessary, but par for the course in this divorce.
_________________________
"Don't cry because it's over, smile because it happened".

Top
Page 1 of 2 1 2 >



Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: