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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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My husband retired from the USPS November 3, 2012. He was

Customer Question

My husband retired from the USPS November 3, 2012. He was divorced in 1994 from his 1st wife. The QDRO was very specific as to what what was to be paid to his x-wife. Because he worked for the federal government, the x-wife could not get her portion of my husband's pension until he retired. She was awarded an amount that was not 1/2 of the pension at the time of the divorce as stated in the QDRO, which the amount would have been paid for life. She was suppose to get $13,618.50. However, she has been paid way beyond that amount despite my husband requesting reconsideration of this on numerous occasions. He also got The Honorable Gus M. Bilirakis, Congressman, involved. The last time my heard from OPM was March 13, 2015 with the amount to be given to the x-wife was agreeable, there was a $7,310.05 difference at that time that was overpaid to the x-wife. The Congressman has not heard from OPM either. Should my husband give this more time or consult with an attorney, and if so, what type of attorney? My husband just wants it settled and to be able to get back the money that was overpaid to his x-wife. Can you help?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
He was divorced in WV, but now we live in Oldsmar, FL for the last 2 years. Would he have to go to WV to get this settled or can it be settled in FL?
Expert:  Phillips Esq. replied 1 year ago.

The Congressman has not heard from OPM either. Should my husband give this more time or consult with an attorney, and if so, what type of attorney? My husband just wants it settled and to be able to get back the money that was overpaid to his x-wife. Can you help?

Response 1: Call the Congressman's office to check with OPM again. An Attorney is not going to be helpful in this instance, regrettably. However, if you decide to go with an Attorney, you would need a divorce Attorney since this has to do with QDRO.

You can use the following sites to find local (WV) divorce Attorneys:

Lawyers.com

Justia.com

Findlaw.com

He was divorced in WV, but now we live in Oldsmar, FL for the last 2 years. Would he have to go to WV to get this settled or can it be settled in FL?

Response 2: West Virginia.

Customer: replied 1 year ago.
Does my husband have a good chance of getting the overage paid to his x-wife back? Will she have to pay it back in a lump sum, garnishment of wages, or from income taxes? Can she refuse to pay this back, and can she be legally made to pay it back? How long will she have to pay it back?
Expert:  Phillips Esq. replied 1 year ago.

I am not in a position to answer these questions because I am not privy to ALL the facts in the case.

Expert:  David L replied 1 year ago.

Good morning. The QDRO would have specific terms as to the amounts and timing of payments to your husband's ex. If your husband can specifically show that she was entitled to a certain amount but was paid more, the proper mechanism would be for him to file a motion or petition in the WV court where the QDRO was entered. In his court filing, he would ask the court to issue an order requiring his ex to return the overpayments. If the judge agrees that his ex was overpaid, the judge would then grant his request.

As mentioned above, it's really impossible to predict your husband's likelihood of prevailing in bringing this type of motion without fully reviewing the QDRO language as well as looking at the actual amounts paid. However, your husband could consider hiring a local WV attorney to review these documents and give a legal opinion, prior to your husband spending the time and effort to pursue this.

In the event all goes well and the judge issues an order requiring ex to repay the money, the method of repayment would be up to the judge. For example, if she has the ability and wherewithal to make one lump-sum payment, it's possible the judge would ask her to do so. If she is not financially able to do that, the judge could have her repay it over time. This is also not something easy to predict without knowing all the circumstances. Your husband would have to wait until going before a judge before knowing with certainty how his ex would be required to repay the funds.

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