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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116302
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have two questions: 1) I'm a retired federal employee.

Customer Question

I have two questions:
1) I'm a retired federal employee. upon retirement I elected to reduce my pension amount in exchange for a survivor (widow's) benefit for my wife. Since the marriage is ending this benefit now needs to be prorated. Is it a ratio formula that uses years married versus years worked? Who can do this computation for us?
2) We have a legal judgement against us for an unpaid CC debt. Does this count as a straight debt or an encumbarance against our property? Is there a way to determine the current amount of this judgement which is now a few years old?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Unfortunately, once you made the selection, they are not going to make any reduction until the court decides on her share of the pension and a Qualified Domestic Relations Order is issued by the court. The court will decide how much of the pension she will get and then will inform the pension administrator with the QDRO.
2) The judgment is a debt against you. If the judgment creditor obtained a judgment lien against you and filed it against your property, then there is an encumbrance, otherwise it is just a debt against you that you have to divide.
Customer: replied 1 year ago.
1) Is that something that the court will do automatically upon filing based on the information on the divorce petition?
2) How do we get current details about the judgement? Does interest continue to accrue? Will the county where the judgement was issued have this information?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
1) Yes, as part of the divorce, you have to divide marital assets, the pension being one. So the court has to determine her share of the pension and that is what she would receive.
2) You need to check with the court where the judgment was entered, first of all, then you need to contact the creditor or their attorney for a payoff amount so you can include that in the divorce.

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