Legal Question in Family Law in Florida

QDRO Florida State Retirement

Need help, as I am unable to hire an attorney - and legal aide will not assist in regards to QDROs

10/16/2006 Final Judgment of Divorce states:

�The marital portion of the Husband�s pension including the DROP plan, and/or other retirement plans with the state of Florida shall be equally divided via Qualified Domestic Relations Order, or other mandated order.�

The current QDRO approved by the court (04/25/2007) after the Final Judgment (10/16/2006) is in the Former Wife�s former name. Former Wife�s name had been restored on 10/16/2006, reflecting that the current QDRO had been approved without adequate review.

The QDRO was filed on ex-husband's FRS Pension Plan. He recently had an attorney draft an amended QDRO, as he wishes to transfer into the Investment Plan and offered a lump sum amount - but refused to provide the current value of the Pension Plan (22 year Firefighter, estimation approx $1M)

According to his attorney's letter, I have realized:

"The Marital Interest in the equal division of the Florida Division of Retirement Pension is not truly equal, being that it remains fully dependent on the Former Husband�s life. In the event he would pass, it would result in a sudden decline in the Former Wife�s financial status without any doing on her part, thus the filed QDRO is not a true equitable division of the pension as presented in the property settlement agreement."

The current QDRO, and an amount based upon the calculation value at the time of the divorce. Approx. $1,300/month with no rights of survivorship on the pension plan. This has me worried, not just for myself - but also our two sons.

He would like to switch from the pension plan to the Investment Plan - in doing so, the state give the pension a value to be transferred. The state also does a calculation - 50% of (17 years of marriage divided by years of service) - for the marital right. We would then have separate, individual investment accounts in which we could each name beneficiaries - such as the adult children. The pension plan and the investment plan are very different animals. The investment plan is not paid out the same, as you can earn as much as you want through investments, and take it out as you want upon retiring from the department.

Every attorney I have called in this particular County will not deal with QDRO's - apparently they sub the written agreement to a company. One attorney that I did consult with - suggested I hire an analysist, to determine his life expectancy. That is not what I need nor want. All I need is the information from the FRS, that the ex-spouse already has in his possession - and to get an order from the court for him to release it OR a subpoena to the state to provide it to me, so that I can make an informed decision as to whether his lump sum offer is reasonably close to the marital portion the state would calculate.

They offered a take it or leave it, both you and your children will receive NOTHING! Yes, the attorney bold, underlined nothing repeatedly.

I requested the value information, and then filed a Notice of Production from Non Party, of course they filed a notice of objection.

What is my next step? I did get the paperwork to file a motion, and have summarized some information - but what will compel the Judge to approve the Notice of Production and also require an updated QDRO that will protect the 17 years I have invested into the Florida State Retirement System?

How would I file, go to court and ask the court to make a decision? The case is currently closed.

Any words of wisdom?

1 Answer from Attorneys

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