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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38124
Experience:  Retired (mostly)
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I am retiring. When I got divorced 13 yrs ago pensions and

Customer Question

I am retiring. When I got divorced 13 yrs ago pensions and QDRO were never even discussed let alone agreed to. Now one of my 2 pensions is telling me that there is a QDRO attached. This is not possible. No such action is attached to my other pension. Any thoughts?
Submitted: 9 months ago.
Category: Family Law
Expert:  socrateaser replied 9 months ago.
Hello, In order for a QDRO to be attached to your pension, either the Superior Court must have ordered it, ,or the document is a fraud (which is both a criminal offense as well as a civil tort, permitting you to sue your ex for damages, and to obtain an injunction ordering the QDRO vacated and the pension to disregard it entirely). For the QDRO to have been ordered in the first place, the other party would have had to file a motion/order to show cause to impose the QDRO, or you would have had to have agreed to it in a stipulated judgment or marital settlement agreement. If I were representing you, I would review the case file to determine when the QDRO was entered into the court records by the court, and to determine what sort of action preceded it, as well as whether or not a proof of service of the hearing was filed, showing that you were notified of the hearing. Dependent upon that outcome, I would either move to vacate the QDRO as a fraud upon the court, or I would file a separate civil action against your ex for fraud. And, in the latter case, I might just have you contact the county sheriff and report the matter as a forgery/criminal false pretenses/theft. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 9 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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