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February 09, 2012, 12:59:47 PM

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Author Topic: DOMESTIC RELATIONS ORDER  (Read 1691 times)
LOST IN NY
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« on: December 06, 2008, 01:00:12 PM »

I have a question regards to my pension. The ex from hell just started to collect her undeserved share of my pension Dec. 1. My question is that she now wants back pay 3 months to Aug. when we moved out of the house. Our Divorce was not final until Sep. 24, 2008. In the stipulation it states that she should start recieving the first month after the sale of the home, I had a problem with that and my Lawyer said do not worry about it, under extreme duress (no joke if you know my story)I signed said  . Now the Domestic Relations Order to my Pension section does not state this, does the DRO superced the Stip in NYS and if not can she collect Pension prior to Divorce being final legally. I have some calls to make on Monday, although I thought I would get some input from my expert friends at Divorce Info. Wish this fat lady would sing for goodness sakes. Thank you.   
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Lee Borden
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Posts: 1202



« Reply #1 on: December 08, 2008, 09:30:02 AM »

I do not know NY law, but in my state the divorce decree would govern what you are required to provide, not the QDRO. If the QDRO is wrong, it needs to be revised. The easy way to do it if she's agreeable, however, would be for you just to pay her cash for the missing payments.
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