I need to have a qualified QDRO amended to clarfiy marriage date and added to the QDRO. My ex is unwilling to have the QDRO amended to clarify the marriage dates because as written she is entitled to recieve the court awarded pension for my entire accrued benefit up to the date of seperation.
This is not correct as we were only married for a portion of my tenure with the company. I supplied supporting documents that clarified the dates (Decree, Settlement Agreement) which were referenced in the QDRO but the QDRO Admin office says that if the marriage date is not on the qdro itself I only have two options; 1) Amend or 2) Vacate and file a new QDRO. How would the court intepret this situation should I choose to vacate as it is my only option at this point as my ex is unwilling to amend?QDRO has paragraph with continued jurisdiction by the court to establish or maintain qualitification status. QDRO references supporting documents that spell out marriage and seperation dates but plan administrator says it must be clearly called out in QDRO and not in supporting documents. QDRO was qualified in March 2010.
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