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Using a QDRO in California to collect support

by Stan Burman

Using a QDRO in California to collect support is the topic of this blog post.

If you want to collect any current or overdue support in California from a pension or retirement plan you must 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 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.

There are several important advantages and limitations regarding the use of a QDRO to collect support in California that I will discuss below.

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 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.

The last 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 wp.me/ps4Uj-4s

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 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 that familiar with using a QDRO for Support to collect any support.

As I mentioned at the beginning of this blog post 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 in California 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 use the link shown below.

Sample Qualified Domestic Relations Order for Support in California by Stan Burman on Scribd


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.

 

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

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DISCLAIMER:

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.

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