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  1. #1
    Join Date
    Dec 2008
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    2

    Default QDRO Disbursement Not Disclosed

    My question involves divorce in the State of: IL
    My husband has a QDRO which entitles his ex to a specific % of his original pension. After 12 years his past employer has stopped itemizing the amount of deduction from his pension check. The "stub" does not indicate the amount being distributed to his exwife. It only reflects the amount he receives.

    This change took place after a 6 month battle in which the employer had improperly split 2 different benefits causing a $402.00/ month loss to my husband. he eventually was able to prove the error and the amounts were properly redistributed.

    Now he is being denied the right to know the amount being deducted from his total pension. How is this possible? The contact person states he is violating his exwifes privacy by knowing the amount of her share of his pension.

    Our major concern is, through the previous problem, we learned the employer was very poor in keeping records. If it hadn't been for my husband keeping his copy of all QDRO orders and check stubs he would not have had any way of proving his claim. What could he do if there are issues in the future, if he is not entitled to this information?

    Does an employer have the right to deduct a % froma pension and not document that deduction or the amount being received by the exspouse?

  2. #2
    Join Date
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    Default Re: QDRO Disbursement Not Disclosed

    I expect that the QDRO orders the employer to pay a particular percentage.

    Why isn't your husband able to determine the full amount of his pension benefit, and deduct the amount he receives in order to determine the difference?

  3. #3
    Join Date
    Dec 2008
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    2

    Default Re: QDRO Disbursement Not Disclosed

    You are correct, the order specifies a %. He is able to calculate the amount that should be disbursed, but would like that amount documented (as it has been for the last 12 years) on his check stub. He has had 3 different issues with his past employer where they had improperly deducted amounts from his pension. These errors were difficult to correct and the first involved legal fees to do so. Now after getting the 3rd (hopefully last) mistake corrected, the employer had suddenly decided to discontinue documenting the deduction. This is the only proof he has that the pension is being properly divided and disbursed.

    He wants the deduction documented in case of any further problems.

    Do they have the legal right to withhold the QDRO % from his pension and not document it?

  4. #4
    Join Date
    Sep 2005
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    Default Re: QDRO Disbursement Not Disclosed

    I am not aware of any law that compels them to document the split. But again, as he knows how much his pension is and can do the math himself, I don't see how it really matters.

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