Legal Question in Family Law in Virginia
Divorce Settlements
My mother receives a 1/3 of my father's retirement pension in their divorce settlement. My mother believes my father retired earlier than he had stated. My mother is now suing him for back pay and interest. My father states he told my mother the correct date and is not responsible for any back pay since it is not his responsibility but the company he retired from's responsibility to pay her directly from his pension. He believes my mother should have filed for his pension on the day he supposedly told her. My father states he has witnesses to his statement. Who is in the right here?
1 Answer from Attorneys
Re: Divorce Settlements
Most likely, this date would be determined by the effective date of the QDRO(Qualified Domestic
Relations Order), if there was one, or date that the PSA(Property Settlement Agreement)was signed by the parties, date that the final decree of divorce was entered, or, possibly, other date involving legal considerations which one of the attorneys who(hopefully)represented one of the parties should be able to clarify/resolve.
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