Using a QDRO to collect support in California is the topic of this blog post.
In order to collect current or overdue support in California from a pension or retirement plan requires that you first obtain what is sometimes known as a QDRO for Support. The use of a QDRO for Support is a little known procedure that some attorneys and other legal professionals that work on divorce cases in California are not even aware can be done.
A QDRO for Support in California is considered an Earning Assignment Order as defined in Family Code section 5208.
If you use it in the appropriate situations using a QDRO for Support in California is an extremely powerful tool that can allow you to collect current or overdue child, spousal or family support or both from any pension or retirement plan that has been joined as a party to the action. The use of a QDRO for Support can work wonders even if other more traditional and well known methods of collecting support have failed.
Important facts about the use of a QDRO to collect support in California.
However the most important limitation is that the QDRO for Support cannot work unless your spouse or ex-spouse currently is or will be entitled in the future to benefits from a pension or retirement plan.
One excellent advantage is that the QDRO for Support can require the pension or retirement plan to notify you in writing of the earliest date on which the person ordered to pay support will become eligible to receive any benefits under the pension or retirement plan if they terminated their employment.
Yet another important limitation in that the QDRO for Support cannot require the pension or retirement plan to pay out unless the person ordered to pay the support is eligible to receive any benefits under the pension or retirement plan. So if your spouse or ex-spouse is not eligible the QDRO for Support will only work when they become eligible to receive any benefits under the pension or retirement plan if they terminated their employment.
Another important limitation is that the pension or retirement plan must have been joined as a party to the action. However obtaining an order of joinder is fairly simple and can be issued by a court clerk at the counter in most counties once you have completed all of the required forms. For more information on obtaining an order of joinder view this blog post http://wp.me/ps4Uj-4s
Reasons to use a QDRO to collect Support in California.
The brutal reality that you must face is the fact that with the current state of the economy for the past 8 years or so it is becoming much harder to collect any unpaid debts including current or overdue child, spousal or family support or both even if you are using the services of the California Department of Child Support Services (DCSS).
The DCSS employees are competent and hard working but they are also usually swamped with all of the other support cases they are working on and that can result in delays in collecting your child support. And there are some that are not familiar with using a QDRO for Support to collect any support.
Using a QDRO for support in California is an often overlooked and powerful tool for collecting current or overdue child, spousal or family support
Attorneys or parties that would like to view a portion of a 15 page sample QDRO for Support designed for use with a pension or retirement plan containing brief instructions, sample suggested wording, instructions for the Payor and the Participant in the plan, and the required Statement of Confidential Information Attachment to Qualified Domestic Domestic Relations Order for Support sold by the author of this blog post can see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
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You can view sample legal document packages for sale at: http://legaldocspro.net
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
Filed under: California Dissolution of Marriage, California freelance paralegal, General law | Tagged: California law, Divorce, Law, QDRO, QDRO for Support in California, suppport collections | Leave a comment »