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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 516
Experience:  Attorney with 13 years experience.
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I have been divorced from my ex-husband as of 2013, in my

Customer Question

I have been divorced from my ex-husband as of 2013, in my divorce decree I was awarded half of his pension..He was employed with NASA, I have not as of yet received my portion of his pension, he has said that NASA Pension department will not call him back..what can i do he has remarried
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

I don't believe he's being honest with you that NASA is not calling him back. If the divorce decree provides you are to receive a portion of his pension then that is what needs to occur otherwise you can file a petition for contempt. The way that pensions are divided is to what is called a qualified domestic relations order or QDRO. The decree or agreement resolving the divorce should state who was to prepare the same and submit it to the plan administrator for NASA. You need to be very careful with this as you not want a new wife to acquire your potential interest that was awarded to you. I would recommend reviewing the divorce decree to see what I have language about the Q DRO first. If you have an attorney who assisted you with the divorce you need to contact him or her and inquire as to why you have not received your portion of the pension. If he was to prepare the cute girl you need to file a petition for contempt as he has failed to do so. If you deal with this matter probably you should be able to obtain your portion.

I hope that this information and advice is helpful and I wish you the best of luck.