NJSBA Family Law Section

I just received a disturbing email from a client.  To give some history, parties divorced several years ago.  In PSA, they agreed she was entitled to 1/2 of marital share of pension.  Client retained me to help her with DRO since she believed ex was getting ready to retire.  A preapproved and fully executed DRO was submitted to the Div. of Pensions and Benefits back in December for my client to receive her share of her ex's pension.  Her ex had refused to sign the DRO and only did so after a Motion was filed and he was ordered to comply.  Of course, ex had retired during time between the motion being filed and his signing.  

My client contacted the Div. yesterday to see when she could expect her payments, as she was aware her ex was receiving his FULL payment. (as well as had been 2 months since the Div. acknowledged receipt of the DRO and acceptable)   She was spoken to very harshly, and the person she spoke to told her that if her were her ex, he would never have signed the DRO even if ordered to by the Court. He further told her it would be another 3 months before she would receive payment and she would not be able to recoup the overpayments that were made to her ex.

Before we take any action, I was wondering if anyone ever had this kind of experience before?  I have not had these issues in the past and was quite frankly shocked at how she was spoken to and the suggestion as if she was not entitled to something which the parties agreed to and was ordered by the Court.

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Melissa Fecak
Partner
[email protected]
Merchantville NJ
(856)733-0229
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Original Message------

I just received a disturbing email from a client.  To give some history, parties divorced several years ago.  In PSA, they agreed she was entitled to 1/2 of marital share of pension.  Client retained me to help her with DRO since she believed ex was getting ready to retire.  A preapproved and fully executed DRO was submitted to the Div. of Pensions and Benefits back in December for my client to receive her share of her ex's pension.  Her ex had refused to sign the DRO and only did so after a Motion was filed and he was ordered to comply.  Of course, ex had retired during time between the motion being filed and his signing.  

My client contacted the Div. yesterday to see when she could expect her payments, as she was aware her ex was receiving his FULL payment. (as well as had been 2 months since the Div. acknowledged receipt of the DRO and acceptable)   She was spoken to very harshly, and the person she spoke to told her that if her were her ex, he would never have signed the DRO even if ordered to by the Court. He further told her it would be another 3 months before she would receive payment and she would not be able to recoup the overpayments that were made to her ex.

Before we take any action, I was wondering if anyone ever had this kind of experience before?  I have not had these issues in the past and was quite frankly shocked at how she was spoken to and the suggestion as if she was not entitled to something which the parties agreed to and was ordered by the Court.

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Melissa Fecak
Partner
[email protected]
Merchantville NJ
(856)733-0229
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When I was litigating I included the QDRO language in the MSA to guard against unforeseen circumstances.

Sent from my iPhone


Original Message------

Well this certainly demonstrates the importance to finalize a DRO at time of divorce and not several years later. It is disturbing the comments your client reported....it is also true that it will take several months before she starts receiving her payments. The pension board will not collect what was already paid out. She is entitled to reimbursement directly from husband. Send him a letter. If he won't voluntarily agree to pay her, she will need to file motion to recoup payments and have them paid to her directly until DRO in place. 

Sent from my iPhone

Original Message------

I just received a disturbing email from a client.  To give some history, parties divorced several years ago.  In PSA, they agreed she was entitled to 1/2 of marital share of pension.  Client retained me to help her with DRO since she believed ex was getting ready to retire.  A preapproved and fully executed DRO was submitted to the Div. of Pensions and Benefits back in December for my client to receive her share of her ex's pension.  Her ex had refused to sign the DRO and only did so after a Motion was filed and he was ordered to comply.  Of course, ex had retired during time between the motion being filed and his signing.  

My client contacted the Div. yesterday to see when she could expect her payments, as she was aware her ex was receiving his FULL payment. (as well as had been 2 months since the Div. acknowledged receipt of the DRO and acceptable)   She was spoken to very harshly, and the person she spoke to told her that if her were her ex, he would never have signed the DRO even if ordered to by the Court. He further told her it would be another 3 months before she would receive payment and she would not be able to recoup the overpayments that were made to her ex.

Before we take any action, I was wondering if anyone ever had this kind of experience before?  I have not had these issues in the past and was quite frankly shocked at how she was spoken to and the suggestion as if she was not entitled to something which the parties agreed to and was ordered by the Court.

------------------------------
Melissa Fecak
Partner
[email protected]
Merchantville NJ
(856)733-0229
------------------------------

Original Message------

You may have to motion the court again to recoup the payments to him that she should've received. I'd ask him for them first, but if he refuses, a motion should prevail (asking as much to create a record in support of a request for counsel fees). There's appellate case law 100% on point (although it may be unpublished).

What you're describing with the conversation with PFRS is contrary to my experience of people calling the Division -- maybe she got someone having a bad day, or maybe there's a problem? It's perfectly legal in NJ, as you know, to record a conversation so long as your client is a party to it. I'd have her do so. If they're really that rude, it should be reported.


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David Perry Davis, Esq.
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