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Law Offices Of David Bliven
Law Offices Of David Bliven
  • White Plains Office 19 Court Street
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    White Plains, 10601
  • Bronx Office 3190 Riverdale Avenue
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    Bronx, NY 10463

This Question Is About QDRO

  • By: David Bliven, Esq.
  • Published: October 26, 2018

Q: My wife and I were divorced in 2006. No QDRO was ever agreed to or filed. In 2011 she petition family court stating she had an approved QDRO from my pension Administraters. It was a lie. She had nothing but a downloaded faxed copy from the pension website. She asked the Support Magistrate to sign a copy of a QDRO. There were no attorney signatures, no judge signature and I never signed or agreed to giving her 100% of my pension benefits. The Magistrate signed the bogus QDRO which my wife presented to the pension Administraters.
Was this a legal or illegal process?

A: Magistrates – to my knowledge – do not have the authority to sign QDRO’s – perhaps with the limited exception if it is meant to take the place of an execution to enforce support arrears. If it’s for your ex-wife to gain her share of your pension, then a magistrate clearly would not have authority – thus you should file a timely Objection. Schedule a consult with a Bronx Divorce attorney for a full assessment.

David Bliven, Esq.

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