QDRO

[Guest duped1]

Big problem!!!!! My retirement plan is a defined benefit plan. I am now retired (on disability) and divorced.

My attorney drafted the dro of which my plan administrator approved. The QDRO was signed by all including the judge and attorneys. My ex, after almost 3 years of receiving his share of my retirement, is now trying to get more money from me. His portion is considerably less than he expected. The judge now agrees with my ex and wants me to pay out of my pocket the difference of what the QDRO approved for him and what I get. I was not old enough to retire with full benefits, plus the QDRO was based upon the date of separation. The date was set by my ex. I was 47 yrs. old at that time and was only 51 when I retired. As you probably already can seen the distributions for both of us is much less. Can a QDRO be modified after distributions begin? I can't find anything on the web to answer any of my questions. I am now appealing the judge's decision. I think he (the judge) is feeling sorry for my ex. Aren't his emotions suppose to remain neutral. By the way, the separation agreement did not allow for my ex to receive any, raises, supplements, survivor benefits, etc.

Help!!!!!

[J Simmons]

A QDRO can be modified after distributions begin. See 29 CFR § 2530.206©(1) and ©(2), Example (3).

The judge should make rulings without his personal emotions factoring in, but it isn't uncommon that such do cloud a judge's decisions.

Appealing the judge's ruling is, in my opinion, the proper place to fight this issue.