In the QDRO regarding my ex-husband's retirement, he is supposed to give me half of his gross income minus taxes - his retirement management company will not split the retirement, so he would be hit with all the taxes. He deducted his medical insurance before determining my half. The QDRO also states that I can request a written copy of the way the taxes were calculated. He will not comply. Medical insurance is not mentioned in the QDRO, but it is not taxable income, so I think he should not try to make me pay any part of it.
QDROs are very complicated creatures. An attorney would have to examine the divorce decree as well as the plan administrator's documents in order to advise you in this situation. I do not believe the "management company" has any choice but to adhere to the QDRO.
This is not intended to be legal advice, and is general in nature.
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