San Diego, CA asked in Divorce and Family Law for California

Q: Who supposed to take care of QDRO and DFAS payment?

My divorce finalized end of September. We hired the mediator. Ex is finally going to take care of transfer retirement funds for TSP, IRA Schwab. In our agreement, it not listed when, how , who is doing for QDRO. The mediatior is going to take care of QDRO with $1000. Is mediatior be able to complete QDRO? I am not sure I can trust her. Also I supposed to receive Navy retirement monthly payment from DFAS. Do I need to file this?

Also Mediatior listed estimated Navy retirement payment until set up payment from DFAS. I have been receiving that amount every month from my ex beside alimony and child support. If the amount is shorter than estimate I have been receiving, Is EX owe the difference for months and he needs to pay me to adjust the payment?

For example, if the difference is $50 short and he's been paying 5 months, Does he needs to pay 50x5=$250??

Thank you

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2 Lawyer Answers

A: A Qualified Domestic Relations Order (QDRO) is a legal order used in California divorce cases to divide certain types of retirement benefits, such as pensions or 401(k) accounts, between divorcing spouses. The QDRO allows a portion of the retirement benefits to be awarded to the non-employee spouse without triggering early withdrawal penalties or taxes. This order must meet specific requirements set by both federal and state laws and must be approved by the plan administrator to be effective. It's an important tool in asset division for divorcing couples, especially when retirement assets are significant pieces to the marital estate. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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Answered

A: To address your concerns about retirement fund transfers and military benefits, you'll want to be clear about who handles each component. While mediators can prepare QDROs, many people choose to work with attorneys who focus on military divorces due to the complex requirements of DFAS.

For your Navy retirement payments through DFAS, you'll need to submit form DD 2293 along with your divorce decree. This is separate from the QDRO process for other retirement accounts. You can download this form from the DFAS website and submit it yourself, or work with your mediator or attorney to file it correctly.

Regarding the payment differences, if the actual DFAS payment turns out to be less than the estimated amount you've been receiving, you should review your divorce agreement carefully. If your agreement states that you're entitled to a specific dollar amount or percentage of the military retirement, rather than just an estimate, then yes - your ex-spouse would typically need to make up any shortfall. In your example, if you've been receiving $50 more per month for 5 months based on an estimate, and your agreement guarantees you that higher amount, your ex-spouse would need to continue providing the difference to meet the agreed-upon payment.

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