Pension wants back money after 6 months

In my qdro it was stated a specific amount on the value date we chose. The qdro was signed off by everyone and my 35,000 had to sit for the next 10 years until he reached 55 I could take it out. Over the years I would request the value of the money what it was worth and the pension company would write me a letter stating the gains/losses. Well this past April I took a lump sum and had 20% taken off of 57,000. Well 6 months later the pension says they over paid me 27,000 and I only get the 35,000 and I need to pay the 27,000 back because it’s his . He (ex)found a error stating adjusting the gains and losses until the date of disbursement it said until date of valuation and had the pension plan come back and get my investment for the last 10 years  because of the error in that one word. Now the pension wants it all back and I paid 11,000 in taxes on it. What can I do here? I don’t have the money and I didn’t wait 10 years for him to earn interest on my money   

I would talk to a pension attorney as I see two issues here. First, it would be possible to amend the prior QDRO to clarify gains/losses through date of distribution are to be included.  The other option is to challenge the plan on their ability to recoup a payment in error.  There are cases out there on this issue and the IRS Employee Plans Compliance Resolution System or EPCRS, says recovery is not always required.  Check out Pensionrights.org and talk to an attorney on how best to proceed.

Agree with JM.  It is unfortunate but you'll have to get an attorney involved.  It seems highly unlikely that there would be no gains or losses credited for that long a period of time - "date of valuation" doesn't necessarily mean date of initial valuation and in any event it would seem that you went through a process that was approved all along the way, and the ability to come back 6 months later and try to recapture something is shaky at best.  We're only hearing your side of course but from what you're saying, this sucks.  Good luck and let us know how you make out.

One question - is this a big company or small company your ex worked for?  That might give a hint as to who is making decisions for the plan and how serious this is.  It could be that your ex just rattled somebody's cage and out of fear or whatever, they are going after you, but maybe just to see what happens.  I can't really advise you to ignore it, but it could be just an attempt to see if you will cough something up without a fight.  

None of us here are going to advise you what to do--so nothing said here is advice.  But I can tell you that if it was me I would tell the plan that I'm not paying it back because its gone.  Then, I'm probably going to get an attorney to look at the QDRO.  I would go to the attorney who originally drafted it.  That attorney may have some skin in the game if it was not properly drafted.  (Of course, that attorney may not want to talk to you for the same reason).  Someone should look at it because obviously there is ambiguity in the language ... if lucky there could be language that favorably resolves the issue, e.g., provides that the moneys should be segregated or put in a separate account, then gains and losses should be payable.  Shame because if lawyers get involved, there won't be any money left for either of you.  It's also likely not worth your ex getting a lawyer either.  You see why I don't practice family law.