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  1. #1

    Default How to Enforce a Restriction on the Use of QDRO Funds

    My question involves marriage law for the State of: Florida

    My x-wife is filing a QDRO for my pension. On the divorce decree, it states: "The Wife shall use the funds for the benefit of the child's education and educational related expenses". How can I enforce that and make sure that SHE doesn't use the funds for herself? Do I need to hire an attorney for this? I really cannot afford one. Thank you.

  2. #2
    Join Date
    Oct 2014
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    6,421

    Default Re: Qdro

    Quote Quoting christie1818
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    My question involves marriage law for the State of: Florida

    My x-wife is filing a QDRO for my pension. On the divorce decree, it states: "The Wife shall use the funds for the benefit of the child's education and educational related expenses". How can I enforce that and make sure that SHE doesn't use the funds for herself? Do I need to hire an attorney for this? I really cannot afford one. Thank you.
    Money is fungible; one dollar is just the same as another. Thus, where the money comes from is largely irrelevant. What matters is whether she does in fact provide for those expenses. If she does provide for their education and related expenses, what difference does it make if she actually used the dollars from the pension or she used the dollars she got from something else? Now, if she is both drawing from the pension AND not paying those expenses then you could go back to the court that issued the decree for enforcement or to hold her in contempt.

  3. #3

    Default Re: Qdro

    Sorry... I forgot to include another sentence after.... It says... Each party waives any further claim or interest in said asset. What does this mean?

    Thank you

  4. #4
    Join Date
    Oct 2014
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    6,421

    Default Re: Qdro

    Quote Quoting christie1818
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    Sorry... I forgot to include another sentence after.... It says... Each party waives any further claim or interest in said asset. What does this mean?

    Thank you
    It means that neither of you can go back to try to claim any more of that pension.

  5. #5

    Default Re: Qdro

    Thank you !

  6. #6
    Join Date
    Oct 2006
    Posts
    14,209

    Default Re: Qdro

    Quote Quoting christie1818
    View Post
    Thank you !
    That thank you seems a little too excited. Make sure that you consult an attorney to be certain that you are not misunderstanding anything.

  7. #7

    Default Re: Qdro

    Understood.

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