My ex-spouses pension does not accept QDROs. Instead we have to use a court ordered DRO to outline how the ex is to distribute my portion of his pension. Because the QDRO is not accepted the pension payment will only go to my ex and then he is supposed to transfer my portion. The DRO currently states that after taxes my ex is to distribute my portion from the remaining monthly net. Since he is the one receiving the money he will be responsible for paying the taxes and can assign any percentage to be withheld. This doesn’t seem right that I am at his mercy for how much tax is being paid. I need help with how this should be worded. Shouldn’t this be worded to say that my monthly percentage will be calculated after his effective tax rate (of the pension earnings only) is subtracted from the monthly gross? Does anyone know who can help with this. My QDRO atty will not help, and I’ve called 3 tax attorneys that all said they can’t help. The CPAs I’ve contacted are too busy to help. Any ideas?
