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Former Spouse Benefits Children are Grown

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I have an ex who retired on purpose after coming into 62,000.00.  He retired on purposed in order to reduce his support obligation to me because we have a 10 year old child together.  He was married before and they had 2 children who are grown adults one is actually married.  His attorney is claiming that his former spouse is entitled to 347.00 per month of his pension payment because of a QDRO.  I do not understand this?  I did not receive a QDRO in my divorce and I was married to him longer than his first spouse.  They were married 5 years and we were married 8.  How can this woman be entitled to anything when the children are grown and gone and how can the amount that he has to pay her have anything to do with my child and the purpose of calculating his support obligation.  I do not feel she should get anything but if that is the law then at the very least the 347.00 she receives should not reduce his monthly income for calculation of support for his daughter with me.

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One doesn't "receive a QDRO" upon divorce.  It's part of the divorce negotiations in splitting assets, used in order to assign a portion of a spouse's retirement benefits to an Alternate Payee.  ("Usually" to the other spouse, sometimes the kids.)

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Suggest you see a family practice attorney.  Your problem has many variables and the outcome of almost none of them are determined by the retirement plan laws.

I wish you the best.  This sounds like a difficult and painful situation for you and your family.

Patricia Neal Jensen, JD

Vice President and Nonprofit Practice Leader

|Future Plan, an Ascensus Company

21031 Ventura Blvd., 12th Floor

Woodland Hills, CA 91364

E patricia.jensen@futureplan.com

P 949-325-6727

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I agree with Patricia...best to contact an attorney regarding your divorce.  Many times the divorce is finalized and the QDRO is supposed to get finalized but never does.  Sounds like the prior spouse had their QDRO in place and is receiving their awarded share...so if you did not waive your interest in the pension you can still get the QDRO done to receive your awarded interest.  Only wrinkle is if he is retired you're probably no longer able to get a benefit over your own lifetime.

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