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My ex wife and I both worked for the State of New York we both belong to the state retirement system been divorce since March 29, 2004. We both have a DRO i have found out that she has a loan out from her retirement and she is not working for the state no longer i am . I called the retirement system and they told me if she does not pay back her loan before she retires that i will have to take a reduction also from her retirement. We were married for 27 years. i was told that the DRO was a way to protect me and be able to get more from her since i file for divorce under cruel and inhuman . she made more money then me during our marriage. i was also told this was against the law to reduce my share of her retirement is this true?

You need to talk to an attorney.

i did talk to my attorney they want 1500.00 up front to look into it

Then you need a new attorney. Your attorney should be able to tell you what the law is and whether or not it's even worth pursuing.

now i just found out she is in jail and refuse all mental help she has losr her mind she been living in her car

The QDRO should have had a provision that the alternate payee's (you) share of the benefit shall not be reduced by any outstanding loans of the participant.

thanks Mr. Nowak for your help ....It does not say anything about outstanding loans in my QDRO plus she took the loan out after the divorce was final .

She not paying back the loan she took out on her retirement what will happen with my portion of her QDRO if the intrest eat away all her portion of her retirement she will have no reason to retire. So i will not be able to get my portion or is their something i can do to get it .