How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask dylatess Your Own Question
dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
29685164
Type Your Social Security Question Here...
dylatess is online now
A new question is answered every 9 seconds

I am a Civil Service retiree under CSRS. Is there any way I

Customer Question

I am a Civil Service retiree under CSRS. Is there any way I can deduct one half of my Court Ordered benefit to my former spouse under divorce decree when calculating pension offset in calculating widowers benefits from by 2nd wife who died of lung cancer in Feb 2016. She was 73 at time of death and I am now 75.
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Retirement Accountant should be aware of?
Customer: I don't think so. According to OPM I can't deduct one half of my gross retirement, under Virginia Court Order, in calulating widowers benefits under Social Security's pension offset rules.
Submitted: 3 months ago.
Category: Social Security
Expert:  Matthew Breecher replied 3 months ago.

You already stated OPM give you an opinion?

...

I would think you could file a QDRO with CSRS so they pay your former spouse what the court has ordered?

Customer: replied 3 months ago.
Matt,
The Court Order states that my former spouse is to get, and has been getting since 2008, 1/2 of my gross retirement. Is there any way I can deduct 1/2 of my gross in calculating the pension offset? Social Security says the 1/2 my former spouse gets is an apportionment not an allotment. Can I deduct that apportionment from my gross in calculating pension offset? Their regulations do not say I can't deduct an apportionment or a court ordered benefit to a former spouse.
Expert:  Matthew Breecher replied 3 months ago.

Technically, you must deduct the income from taxes nd report that to your former spouse, so I would believe you should be able to reduce it. Let me do a little research.