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
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Answered
  • 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
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Answered
  • 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.

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