What are my rights if my ex-wife and I have been divorced for 23 years and I have been given papers from her lawyer because she never did a QDRO until recently?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my ex-wife and I have been divorced for 23 years and I have been given papers from her lawyer because she never did a QDRO until recently?
I retired 31 months ago and have been collecting my pension for that time period. They gave me full pension because they did not have anything on record when I asked them. She was to get 50% due to our divorce decree. She is suing for 31 months pay. Am I obligated to pay her back?
Asked on October 11, 2015 under Family Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, you are obligated to pay her back. According to what you wrote, you violated the terms of your divorce decree, which is legally enforceable court order. The fact at the pension administrator didn't know better and sent all the money to you has no impact whatsover on your obligations based on what you have written, you shojld have started paying her half you pension 31 months ago, and she is entitled to that money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.