Jump to content

Collection of Attoney Fees in Post Divorce


Guest riogrande
 Share

Recommended Posts

A QDRO can be used to provide for distributions. The amounts can be used for any purpose that the alternate payee chooses. A QRDO cannot provide for payment to someone other than an alternate payee. No comment on TIAA-CREF policies or procedures concerning QDROs.

Link to comment
Share on other sites

Guest riogrande
no.

Can my former wife who was terminated as Alternate Payee and Beneficary by a QDRO that was executed in 2002 become the Alternate Payee and Benefiary again even though I am remaired and my current spouse is the Alternate Payee and Beneficiary?

In the QDRO that was executed in Dec 2002 the untransferred funds became the property of the Participant (me).

Link to comment
Share on other sites

your attorney needs to check to see if state law allows one party to pay another parties legal fees. General rule is that each party pays its own legal fees.

While a court can order payment to be made to an ex spouse, the payments will be taxable to the ex even if the funds are paid to her attorney. QDRO cannot provide for direct payment to attorneys.

While some people disagree, the fed courts have held that only a spouse is entitled to spousal benefits and a former spouse cannot replace a current spouse for survivor benefits if the former spouse's rights to survivor benefits were created after the employee remarried. The ex's rights to survivor benefits must be created before the employee remarries.

Link to comment
Share on other sites

Guest riogrande
your attorney needs to check to see if state law allows one party to pay another parties legal fees. General rule is that each party pays its own legal fees.

While a court can order payment to be made to an ex spouse, the payments will be taxable to the ex even if the funds are paid to her attorney. QDRO cannot provide for direct payment to attorneys.

While some people disagree, the fed courts have held that only a spouse is entitled to spousal benefits and a former spouse cannot replace a current spouse for survivor benefits if the former spouse's rights to survivor benefits were created after the employee remarried. The ex's rights to survivor benefits must be created before the employee remarries.

I this QDRO they try to collect the tax on top of the Attorney Fees. Also, there were no survivor benefits retained in the QDRO that was executed.

If my case is allowed then anyone who was divorced can have an ex spouse go back and litigate over anything with the hope of the Judge signing a QDRO to collect attorney fees from the others retirment accounts. In my MSA it stated we paid our own fees.

Link to comment
Share on other sites

If my case is allowed then anyone who was divorced can have an ex spouse go back and litigate over anything with the hope of the Judge signing a QDRO to collect attorney fees from the others retirment accounts.

Family law judges in most states have wide, almost unbearably wide, discretion to fashion settlements they think are fair. For example, if you have been asked to pay for certain expenses and have refused to do so, it is not beyond expectation that a family law judge would agree to a request from your ex-spouse to have a larger portion of your pension provided to her than was originally awarded. A modified QDRO could certainly be issued in that case. You need to check with competent family law counsel in your state to see if what is happening is something that is acceptable in your state.

Link to comment
Share on other sites

Guest riogrande

[Family law judges in most states have wide, almost unbearably wide, discretion to fashion settlements they think are fair. For example, if you have been asked to pay for certain expenses and have refused to do so, it is not beyond expectation that a family law judge would agree to a request from your ex-spouse to have a larger portion of your pension provided to her than was originally awarded. A modified QDRO could certainly be issued in that case. You need to check with competent family law counsel in your state to see if what is happening is something that is acceptable in your state.

That may be the case but this is all post divorce litigation over issues I have no control of and are not my property. Also, the QDRO at issue is not an amendment of the already executed QDRO that distributed my retirement benefits. Furthermore, that QDRO was an amendment of the initial QDRO I had drawn up and it transferred less than the amount in our agreeement and TIAA CREF knew that and executed it anyway.

Link to comment
Share on other sites

even though I am remaired and my current spouse is the Alternate Payee and Beneficiary?

Just to clarify.... only an ex-spouse who gets benefits from your account is an "alternate payee", it's a phrase that has special meaning. Your new spouse is not one (unless you divorce and she gets part of your account too).

Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...