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QDRO order and statue of limitations


Guest northron77
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Guest northron77

I was divorced in June 2000. Part of our divorce had to do with my pension and said the accumulated part of my pension thru marital years would be divided 50/50. It said a Qdro would enter awarding AP the 50% of marital time. Three months later a Qdro was submitted to pension carrier and returned as defective. A year later a new Qdro was entered which now contained language pertaining to the 50% division for marital time but it now added language pertaining to a Early retirement subsidy. This language said AP would get a proportionate share of ERS based on the total subsidy, not just marital time as is stated in divorce decree. I knew nothing of this new order until after it was submitted and approved by the pension carrier. When I confronted my then attorney about this early retirement language I was told that if there was any ERS in my pension that was in my marital years AP was entitled to it based on our agreement of 50% division in our decree. Because the paragraph added a year later contained language that I felt was not part of our divorce decree I went to court yesterday on a motion to delete the paragraph. I was denied on two grounds.. One I was time barred and two that even though the divorce decree said nothing about the ERS I must have approved it in the QDRO because my attorney signed it along with AP attorney which I did not. As a note: I retired early in 2008, I was notified in 2009 about this extra paragraph and money taken from my quoted pension amount. I retained my old divorce attorney to straighten the matter out for which he told me it was just a matter of getting a clarification from the court. 3 years later he has done nothing and as I said I was told I am now time barred. Had he of filed something when I retained him according to the court the part of timed barred would not have been a issue. ANY SUGGESTIONS WOULD BE GREATLY APPRECIATED....

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You divorce settlement was 50% of your accrued benefit during time married. As the updated QDRO (correctly IMHO) defined, this included accrual into any early retirement subsidy. There's really nothing you can do becuase likely otherwise your DRO would not be qualified.

This is all just my opinion and I'm sure you could spend plenty of lawyer fees to fix it in your favor, but, to me, it seems like you're trying to reneg on the original idea of 50% of your accrued benefit.

For example:

Plan:

NRA - 65

Unreduced at 62 if Svc at retirement > 10

5% per year ERF otherwise

Total svc 20 years

Married 10 years

Total Age 65 Ben $2,000

Age 65 for 10 years married $1,000

Your Age 65 Accrued Benefit accured while married : $1,000 a month

Should your ex get $500 at your age 62 or $425?

You qualified for unreduced while married. She should get the unreduced amount.

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  • david rigby changed the title to QDRO order and statue of limitations

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