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#61195 - 01/07/06 12:47 PM Stop or Change a QDRO in Michigan?
Kimmey53 Offline
recently joined

Registered: 01/07/06
Posts: 6
Loc: Michigan/ IL.
We are seperated and filed a QDRO but he is doing early retirement 55 worked 24 years they only want to give him 300.00 and me 89.00 for the rest of our lives if we were still married which we are as long as we don't get Married would he be able to get 75% of the pennison so is there a way to change this or stop.
This is in Michigan

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#61196 - 01/10/06 03:00 PM Re: Stop or Change a QDRO in Michigan? [Re: Kimmey53]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Do you mean is there any way to force him to stay at work longer?
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#61197 - 01/11/06 01:56 PM Re: Stop or Change a QDRO in Michigan? [Re: Miranda]
Kimmey53 Offline
recently joined

Registered: 01/07/06
Posts: 6
Loc: Michigan/ IL.
No He can retirer early as he was on strike and is now working for another company. The company wants him to tskr his retirerment so they can close the account But with the QDRO he gets 300.00 a month and me 89.00 For the reat of our lifes but if we didn't get the QDRO He would have gotten the 875.00 a month we are on some good terms I would like to now if this can be stopped so he can get the 75% of his benifits. Not to be Greedy but he worked for 24 years and was vested and that is his money is there any help for his pennison Thanks for reading

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#61198 - 03/25/06 06:11 PM Re: Stop or Change a QDRO in Michigan? [Re: Kimmey53]
Northstar77 Offline
recently joined

Registered: 03/25/06
Posts: 10
I am going through a divorce in Michigan,my wife left in October2005 she filed the next day. She filed on the grounds of irreconcible differences,there was no infidelity,drunkenness[I do not drink] no drugs,no wife beating,she simply said I was not affectionate enough.
I am a business owner I owned the business before we were married 7 years ago,she has a FT job and also has a pension and 401k and profit sharing at her job. She has left and moved in with her adult kids 3 times prior to this,she always claimed I was not loving enough. We argued like most couples do from time to time.,but she liked to hit below the belt and consequently I mistakenly would come back and start cussing her out. I never would just come home and start a fight with her.
She on the other hand has hit me many times,destroyed my home office after following me around our house all night long wanting to argue,then when I would say "I have to go get a room for the night because I have to get some sleep" she would flip out and beg me not to leave her,when I would stay and try to go get some sleep she would start in on me all over again. These crazy bizarre arguments went on until 6 am in the morning sometimes. The first year of marriage I had to get a motel room 13 times. She has followed me in her brand new van I bought her and started bumping into the back of my new truck with hers trying to stop me from leaving for the night. Well this went on until about the 5th year in marriage and after 3 separations where she moved in with her kids and then we got marriage counseling and it pretty much stopped. She didn't act like this for the last 2 years.Sorry for rambling on and on.Now this is a person who is very religious and if you met her you would never guess she acted like this in a million years.
When she decided to move out this past year she left while I was at work when I came home I found a note and that she had taken all the furniture upstairs bedroom set dressers ect and a room full of living room stuff from upstairs as well as a company computer and my two dogs and two cats,I managed to get my dogs back.
Anyhow she filed for divorce and did not hire an attorney and she kept telling me I didn't need one either, I talked to my Attorney and he said other wise so I retained my attorney,when we went to court in December she didn't know I was going to want 50% of her 401k and her pension and profit sharing,she basically dumped all the bills on me as usual and now she wants half the equity and is trying to force me into selling our condo. I do not want to sell it because I love it here,she moved into her son,s condo and what's interesting is he lives in California and could not afford his condo here and the place he has in CA and she moved right into his condo the day she left me,she has always done this before too,whenever her adult kids had any kind of financial crisis she would find a reason to move out and move in with one of them,like I said she did this 3 times.Now she has an Attorney and is trying to get alimony,half of my condo equity [there isn't much equity left she may get perhaps $2000.00 if that] We have to go back to court in April hopefully to finalize the divorce,at first I was still willing to work on this sick marriage but I,m not anymore enough is enough.I talked with my Attorney about a QRRO and he is filing those papers. She does not want me to touch her 401k or pension and profit sharing,but I feel I took care of her and her adult kids [her kids for 4 years and her for 7 years]there are property taxes owed and a tax return from 2004 owed and I am paying these items and she doesn't want to pay anything,she wants to walk off into the sunset like nothing happened. I don't think its fair at all. Thank God we didn't have any of our own children that's all I can say.

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#61199 - 03/26/06 04:33 PM Re: Stop or Change a QDRO in Michigan? [Re: Northstar77]
Lucy44 Offline
old hand

Registered: 07/11/05
Posts: 874
Loc: Rochester, MN
It's anybody's guess what the court will decide. If there is any doubt that she would pay her share of the bills if ordered to do so, you might be better off taking that burden on yourself. If she failed to pay a debt that was awarded her, it might hurt your credit too.
Maybe you should ask for alimony in the amount of her share of the bills, and pay them yourself. As for the condo, is she aware that there is very little equity in it? You need to calculate her accrued retirement value since you have been married and determine what your share would be, assuming that you would be awarded 1/2. Keep in mind though, she can ask for $ for the increase in value of your business since you've been married. On the surface, your divorce does not seem very complicated. You both should sit down with a mediator, in hopes that you can avoid a costly war in court. But from your description, it sounds like your stbx would enjoy a good battle.
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Experience is a wonderful thing. It enables you to recognize a mistake when you make it again.

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#61200 - 04/13/06 05:03 AM Re: Stop or Change a QDRO in Michigan? [Re: Kimmey53]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
Hmm, the QDRO shoultd have divided it based on a percentage. I am not sure I understand.

generally, property settlements are final. If it followed the decree, you are likely out of luck.

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#61201 - 04/17/06 06:05 PM Re: Stop or Change a QDRO in Michigan? [Re: Kimmey53]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Not quite sure if I understand, but if I do, the QDRO has less to do with the lesser amount than the "early retirement". It's like social security...you can elect to take an "early retirment"...but it's at a [permanantly] reduced amount.

I don't think the company can force him into taking an "early retirement"...he should be able to "roll" his account over. I would recommend consulting with someone who specializes in this field.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#61202 - 05/22/06 10:23 PM Re: Stop or Change a QDRO in Michigan? [Re: Gecko]
trapper Offline
recently joined

Registered: 05/22/06
Posts: 16
Loc: ill.
I like to ask something here, i'm in the middle of a divorce, a judge has put a qdro on my pension, but the amount that is being given to her isn't right, can my lawyer get this qdro, throwen out? I live in IL. and the divorce is filed here

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#61203 - 05/23/06 07:13 PM Re: Stop or Change a QDRO in Michigan? [Re: trapper]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
If the amount is incorrect, you can have it amended.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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