Force retirement

[Guest Gary413]

Question can a someone in a goverment pension plan the New York retirement system, be force to retire on a given date by a QDRO ?

[david rigby]

Grammar notwithstanding, QDROs do not apply to governmental plans. A QDRO, or a DRO in this case, applies to the spousal support, child support, etc. It does not have any bearing on an employment relationship.

[JDuns]

Whether a judge, under the state domestic relations law, has the authority to require one of the parties to the divorce to trigger a distribution (ie, force retirement) would be a question for a family law lawyer in that jurisdiction.

The order would not be binding on the employer or the plan, but the employee would be subject to contempt charges if the order were issued and he failed to retire as required.

[GBurns]

Gary413

Maybe there has been a misinterpretaion of what the QDRO actually stated. Did you see it? Is this what is actually worded or is this someone's interpretation?

On the other hand, the party in question could have stipulated that they agree to retire or stated by affidavit that they would, on that certain day. In that case the QDRO could really only be following the terms of that other agreement and is not ordering anything new, per se, by itself.

[Guest Gary413]

Gary413

Maybe there has been a misinterpretaion of what the QDRO actually stated. Did you see it? Is this what is actually worded or is this someone's interpretation?

On the other hand, the party in question could have stipulated that they agree to retire or stated by affidavit that they would, on that certain day. In that case the QDRO could really only be following the terms of that other agreement and is not ordering anything new, per se, by itself.

[/quote

the qdro hasn't been witten yet, they want to lock me into a date for my retirement and I don't want to be locked in, must I be force into a date on a New York State pension?

[GBurns]

They who?

I don't think that anyone can "force" you into anything except the Judge and that would depend on whether or not he has such authority.

In my experience a QDRO is the end result of whatever is agreed to by the parties and possibly modified by the Judge.

As JDuns pointed out this "would be a question for a family law lawyer in that jurisdiction". What has your divorce lawyer said? From your question, I am getting the feeling that you do not have 1 but your spouse does. As a result you might be just getting "bullied" since you have no representation. Self representation in such matters usually turns out to be extremely expensive. Get a lawyer experienced in divorce and divorce settlements, it is cheaper.

[Guest Gary413]

They who?

I don't think that anyone can "force" you into anything except the Judge and that would depend on whether or not he has such authority.

In my experience a QDRO is the end result of whatever is agreed to by the parties and possibly modified by the Judge.

As JDuns pointed out this "would be a question for a family law lawyer in that jurisdiction". What has your divorce lawyer said? From your question, I am getting the feeling that you do not have 1 but your spouse does. As a result you might be just getting "bullied" since you have no representation. Self representation in such matters usually turns out to be extremely expensive. Get a lawyer experienced in divorce and divorce settlements, it is cheaper.

I have a lawyer and the divorce is over and done with but i don't think he is up to law on gov. pensions, between the two lawyers waiting 3 years plus to get the qdro done. question the ex and her lawyer now want interest on her share of my ira's, our stipulation makes no mention of interest or date money is to be paid, I told her 3 years ago to open IRA with my boker and I could transfer her money to her, she refused.

[GBurns]

Being up to the law with government pensions is irrelevant. Government pensions is not an issue nor do they get any different treatment.

Something confuses me, you say that the divorce is over and done with and you also mention a stipulation, yet there you are having debates with your ex about paying her.

First, you have a lawyer representing you, so why are you in discussions with your ex?

Second, the stipulation apparently requires that you pay her some money which you have not paid. Why do you think that the stipulation allows you to dictate when and how the money must be paid? Did you make your own interpretation that there is no date or time, or did your lawyer advise you that this was the case?

An Order that you shall pay $X does not need a date, it means that you shall pay NOW. The next time a judge fines you walk away and do not pay asap and see what he does to you.

I expect that the lawyer for your ex will take action to force you to comply with the stipulation and probably will ask for penalties beyond the interest that you mentioned. In every settlement (divorce or otherwise) that I have seen interest and penalties were ordered by the court for such non compliance.

I suugest that you stop trying to handle this matter yourself and seek competent legal counsel. Maybe you need better counsel.

[Guest Gary413]

Being up to the law with government pensions is irrelevant. Government pensions is not an issue nor do they get any different treatment.

Something confuses me, you say that the divorce is over and done with and you also mention a stipulation, yet there you are having debates with your ex about paying her.

First, you have a lawyer representing you, so why are you in discussions with your ex?

Second, the stipulation apparently requires that you pay her some money which you have not paid. Why do you think that the stipulation allows you to dictate when and how the money must be paid? Did you make your own interpretation that there is no date or time, or did your lawyer advise you that this was the case?

An Order that you shall pay $X does not need a date, it means that you shall pay NOW. The next time a judge fines you walk away and do not pay asap and see what he does to you.

I expect that the lawyer for your ex will take action to force you to comply with the stipulation and probably will ask for penalties beyond the interest that you mentioned. In every settlement (divorce or otherwise) that I have seen interest and penalties were ordered by the court for such non compliance.

I suugest that you stop trying to handle this matter yourself and seek competent legal counsel. Maybe you need better counsel.

They never ask for the money, they won't take the money when offer, they never set up an account for me to tranfser the money to, the first divorce decree her lawyer had drew up had my social security # wrong not even close, I had to have a court make a amended dercee, her lawyer won't answer her calls, I showed nothing but good will, now I am the one who get screwed?

[GBurns]

From what you yourself posted, you did not offer the money, you placed conditions on them getting the money, A BIG difference.

I do not know why you think that they should ask for the money. You were ordered to pay the money. They were not ordered to receive under conditions or in any manner set by you.

Payment of money or of a settlement does not need nor does it require any special account or a transfer. It simply requires payment. Payment by cash or an acceptable negotiable order (preferably a cashiers check).

Big deal about an incorrect SS#. What problems would that have caused you?

If you are getting screwed, as you say, it seems that it is being caused more by your actions than anything else. Possibly the judge might not be too harsh on you. Hopefully, your ex will not complain or say anything.