Legal Question in Family Law in Florida

Qualified Domestic Relations Order enforcement

As part of my divorce decree, a QDRO was filed with the court and the Retirement Division in Florida. The QDRO states that my ex husband, who will be 62 in May, ''... using retirement Option Number 2 under Section 121.091(6)(a)2., Florida Statutes, ... shall irrecovably elect Option 2 under the Florida Retirement System providing for monthly benefits for a period of ten years...'' My ex isn't going to retire anytime soon. What avenues do I have to obtain this money each month. I would like him to pay through the Clerk's Office or have his wages garnished since he has proven to be untrustworthy. Can I expect the judge to order him my attorney and court costs if I have to file a motion for enforcement?


Asked on 4/09/02, 3:13 pm

2 Answers from Attorneys

Greg Snell Rice Rose & Snell

Re: Qualified Domestic Relations Order enforcement

I would have to take a look at the Final Judgment and the QDRO to see what remedies you have available.

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Answered on 4/10/02, 7:15 am
Jeffrey Padgett Padgett Law Firm, pllc

Re: Qualified Domestic Relations Order enforcement

I currently have a case concerning a QDRO issue before the MS Supreme Court, and I can tell that some judges in MS are unfamiliar with the provisions of QDROs. Probably because it deals with the IRS code, and unless you are a tax atty, you avoid the IRS code like the plague.

Nonetheless if the QDRO is drafted correctly, you would be entitled to payments either directly deposited from the plan provider or you would have to wait and get a check from him. Depending on who his pension is with, they may not offer direct deposit to a secondary beneficiary. The thing to do is have an atty review the QDRO prior to it taking effect, so you can get the ball rolling should you not start getting your money.

It's possible you could get a garnishment, but remember what I said above....it depends on the employer. The Clerk will NOT receive the money for you, unless the judge is a)super nice or b) doesn't realize the accounting nightmare he just started for his clerk.

I would have the QDRO reviewed and have an atty on standby to file suit for contempt. You would probably have to pay the atty's retainer, but the judge would probably award it back to you.

Let me know if I may be of additional assistance.

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Answered on 4/10/02, 11:25 am


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