California Paralegal Services from the law offices of Franklin Radoff

LOW-COST
LEGAL DOCUMENT
PREPARATION SERVICES

(800)595-2948



Home

About Us

Contact Us

Services & Fees

Name Change

Child/Spousal Support Calculator 

QDRO

Domestic Partnership Dissolution

Civil Restraining Order

 

 

Phone: 1-800-595-2948
Mon - Fri
9:00am to 6:00pm
Pacific Time

 

 

We Gladly Accept:
VISA, MasterCard

 

Qualified Domestic Relations Order (QDRO)


A QDRO is a court order, which is used to divide pension rights between divorcing spouses, or to collect alimony or child support from an employee benefit plan.

What types of pension plans are subject to QDROs?
Private pension and benefit plans such as 401(k), 403(b), 457, defined benefit monthly payment, TIAA/CREF, etc., may be divided by a QDRO under a Federal law called "ERISA." Military retired pay, Federal and State government civil service plans, and IRAs may be divided by similar orders known as Qualifying Court Orders (for military retired pay under the Uniformed Services Former Spouses Protection Act, or USFSPA), Court Orders Acceptable for Processing (for Federal civil service plans), and Transfers Incident to a Divorce (for IRAs). Our firm prepares all types of these orders: QDROs for corporate (ERISA) plans, QCOs for military retired pay, COAPs and RBCOs for Federal and State civil service plans, and TIDs for IRAs.

How do QDROs work?
The State divorce court first enters an order dividing a pension. This court order may be entered after a contested hearing, or by mutual agreement of the parties. The order may be approved by the pension plan as a draft to save you court costs and attorneys' fees, but your rights are not protected and you will not receive anything under the State court order until and unless the final order has been signed by a judge and accepted by the plan.

Why should I get a QDRO now?
If you delay in obtaining a QDRO, you may lose valuable rights and run the risk of forfeiting all of the benefits. Your rights may be lost if your former spouse does any of the following before your QDRO is submitted to the pension plan:

- retires
- becomes disabled
- remarries
- dies
- quits or is fired
- withdraws funds from the plan before retirement
- takes our a loan from the plan

 


Home | About Us | Our Fees | Contact Us



The Law Offices of Franklin Radoff
Serving Since 1970
(800) 595-2948

Disclaimer: The information provided on www.california-paralegal-services.com and www.legaladvicehotline.com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered.  Your access to and use of this website is subject to additional terms and conditions.  Your right of privacy is strictly enforced.

Permission is not granted to reproduce, copy or distribute any part of this website without prior
approval from Mr. Radoff  © 2010 Law Offices of Franklin Radoff.   All rights reserved.