Legal Question in Family Law in California
Qualified Domestic Relation Orders
I was granted in my divorce a share of my husbands pension. We were married 11 years he worked for General Motors for 10 1/2 of the 11 years and continued working for then for 31 years total. I filed a QDRO an it was excepted by them through a paralegal. My problem is I have do not have any docutments from GM showing me how much are how they calculate the amount I am to receive. They tell me I will get $46.66 a month. Can you explain the interpretation of this in the divorce degree I will type it word for word.
THE PETITIONER SHALL RECEIVE ONE-HALF OF A FRACTION WHICH HAS AS ITS NUMERATOR THE NUMBER OF DAYS RESPONDENT WAS EMPLOYED BY GENERAL MOTORS AND MARRIED TO THE PETITIONER, THE DENOMINATOR CONSISTS FO THE NUMBER OF DAYS THE RESPONDENT WAS EMPLOYED BY GENERAL MOTORS.
Now General Motors letter says this: THE ALTERNATE PAYEE IS ENTITLED TO A MONTHLY BENEFIT DETERMINED AS 50% OF THE PARTICIPANT'S BENEFIT ACCRUED BETWEEN AUGUST 5, 1969 AND MAY 6, 1980 WHICH OTHERWISE WOULD BE PAYABLE TO THE PARTICIPANT UNDER THE PLAN.
I believe that General Motors is not giving me what is order by reading this can you tell me if they mean the same thing?
1 Answer from Attorneys
Re: Qualified Domestic Relation Orders
Sounds right to me, but the amount seems awfully low. Make an appointment to talk with the benefits coordinator to make sure that they're calculating it right. If your ex worked at GM for 11 years, I'd hope his benefit would be more than 2 x $46.
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