Full question: Hi Martha, Currently my ex wife is collecting 50% of my Tier 1 Railroad retirement due to QDRO. She is remarried and her income along with her husband surpass $225k. I know this, due to my ex truck brokerage business and he drives a truck. We all worked transportation. My question is can I challenge the QDRO? I am on disability due to injuries and earn 20% of their combined income.

Hi there,

Thank you for your question about your ability to challenge the Qualified Domestic Relations Order (QDRO). QDRO issues can feel especially frustrating when circumstances change.

Unfortunately, you can probably not challenge the QDRO dividing the Tier I Railroad Retirement benefits. Once a QDRO has been approved by the court and accepted/implemented by the Railroad Retirement Board (RRB), it is generally final and enforceable unless you can show a legal defect. Her remarriage or household income does not automatically terminate her entitlement under a property division order.

Good luck,
Martha

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