Deceased Ex-Husband and RI Pension Funds

Results by Newport Attorney Jeremy Howe

Newport RI Estate Planning and Divorce Attorney Jeremy Howe and Associates drafts a Qualified Domestic Relations Order to secure retirement funds from ex-husband who died before reaching retirement age.

Hired by the Wife to complete the QDRO due to the fact her now ex-husband died before reaching retirement. The original QDRO that had been presented to the company was rejected and a final, revised version was never submitted by the original attorney before the husband passed away.

We consulted with the original attorney to reach a resolution. We drafted an Order that was acceptable to the Plan, and the division was made so our client could receive her portion of those retirement funds.

We also assisted our client in understanding the issues with regard to the potential rights of the ex-husband’s heirs and the company’s duty to all parties involved.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Military Divorce with Pension as Only Income

Jeremy Howe Negotiates Military Divorce Settlement

RI Divorce and Estate Planning Attorneys Jeremy Howe & Associates negotiate settlement of military divorce with child support involved, where husband's pension is the only income.

We assisted an attorney at Rhode Island Legal Services to draft appropriate orders to protect the wife, as much as possible, in a military divorce when the concern was that there were child support orders for the husband’s illegitimate children already in effect.

The children were born after the parties separated, but before the parties were divorced, to women other than the wife. The pension is his only source of income.

Generally, DFAS (the military pay center), will not pay more than 50% of a pension to someone other than the military retiree. The orders require him to pay the Wife her portion directly, to make up for any shortfall in her portion caused by the child support orders.

If he does not make those payments, he could be subject to contempt, fines, and possible incarceration.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.