Altamonte Springs, FL asked in Civil Rights, Divorce and Family Law for Florida

Q: Can I proceed with legal action against my former spouse for accepting a QDRO overpayment from a pension plan?

I would like to seek legal action for the purpose of reimbursement of an overpayment related to QRDO order.

2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Hollywood, FL
  • Licensed in Florida

A: You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how and why it happened. Speak with a local family lawyer for more specific advice.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: You can pursue legal action against your former spouse for accepting a QDRO overpayment from a pension plan. The first step is to review the original QDRO (Qualified Domestic Relations Order) to understand the terms and any discrepancies that led to the overpayment. Documentation of the overpayment and any communications with the pension plan will be crucial in building your case.

Next, you should consider negotiating directly with your former spouse to seek reimbursement. If direct negotiation is not successful, filing a motion in family court might be necessary. The court can review the situation and make a ruling on the repayment of the overpaid amount.

It's important to gather all relevant financial records and evidence to support your claim. Legal advice from an attorney experienced in family law can guide you through this process and help ensure your rights are protected.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.