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Do I have to pay him the pro-rata? I do not want to pay him interest on the judgement. Am I being reasonable? : My divorce was finalized May 2015. My ex was awarded $155,000.00 from my TIAA-CREF retirement. In September 2015 a QDRO was sent to TIAA. They rejected the QDRO because there was a mistake in one of my retirement plan account numbers. TIAA requested that the QDRO be re-submitted after the account number was corrected and when it was signed by both parties and a judge. On 3/21/16 I received an amended QDRO that had the corrected account number. However, a pro-rata stipulation was added, "The Alternate Payee's share of the benefits shall be allocated on a pro-rata basis among all of the accounts and/or investment funds maintained on behalf of the participant under the plan." I know I owe him the $155,000.00 but there is nothing in the divorce decree about paying interest if he waits to file the QDRO.

Asked over 1 year ago in Divorce

Ellen’s answer: "The Alternate Payee's share of the benefits shall be allocated on a pro-rata basis among all of the accounts and/or investment funds maintained on behalf of the participant under the plan." Appears to be the phrase you question. What that phrase means is that you have multiple account numbers in your plan and that your former spouse's share of the funds shall be paid equally from each account. Regarding "interest", your former spouse is not entitled to interest, but is (by statute, unless otherwise specifically stated in your judgment) entitled to any market gains or losses from on the account/s awarded to him regardless of when the domestic relations order is filed or put into effect.

Answered over 1 year ago.


Paternity/ child support after 10 yrs of denying father visitation or relationship: If I child is conceived out of wedlock and the couple breaks up, the mother doesn't allow visitation and doesn't want anything from the father then 10 yrs later decides she wants back child support. What should the father do? The father is not financially stable to hire an attorney. Plz help

Asked over 4 years ago in Child Custody

Ellen’s answer: In Michigan, there are very limited circumstances where a parent can file a new action and be allowed child support prior to the date of a complaint being filed. You should talk to an attorney to see if your case could even have the possibility of child support being awarded prior to the date of the filing of a complaint.

If you have a case with the Court, with an active child support order that you owe arrearages on, the arrearages can be enforced by the Court.

Answered over 4 years ago.


Hi, I have payed off my child support 2 years ago. Both my children are over 18 year. Now I have I owe back interest .: I owe $18,000.00 in bqck interest in the state of WI. I was denied a passport due to this. What money amount do I have to have to be good in good standings so I can get a passport? Please help I just want to go on my honeymoon that was a gift. I have always payed on my interest every month. I have never missed a payment.
Thanks for your help

Asked over 4 years ago in Child Support

Ellen’s answer: If you owe more than $2,500.00 in child support arrearages, the US will refuse to issue a passport. (See link below.)

It is possible to enter into a payment agreement, and have the reporting child support agency advise the passport agency that you have a payment arrangement.

Since Wisconsin is where your case originates, you will need to speak with an attorney in Wisconsin to assist you with this.

Good Luck to You!

Answered over 4 years ago.