A Qualified Domestic Relations Order (QDRO) allows a person to receive a portion of their spouse's pension plan or 401K without incurring additional tax penalties because of the transfer. As such, a QDRO can be useful device for protecting your spouse's financial security if something happens to you.
The Law Office of Robert L. Buchler
***Over 27 Years of Experience in the Law***
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A QDRO can be issued through voluntary choice or as the result of a divorce or marital dissolution. A QDRO can be used on nearly any type of retirement plan, even those protected by ERISA (Employment Retirement Income Security Act). A QDRO can be also be used to collect child support and spousal support.
A Court Order Acceptable for Processing (COAP) is prepared specially for the purpose of dividing government retirement plans. Government retirement benefits are not subject to ERISA and cannot be joined as an employee benefit plan by State Courts.
If you have already been divorced, or you are facing the possibility of divorce, it is important to have an attorney modify your QDRO as soon as possible in order to prevent complex issues of arrearages from arising in the future. Our office also can protect your assets if you are disputing whether a QDRO can be used by your former spouse to receive part of your hard-earned retirement plan.
If you need an experienced family law lawyer contact our office today to set up an appointment to discuss the legal issues you are facing. You can call us at 209-576-8404 or you can give our office more information about your case by filling out our online contact form.
*The Law Office of Robert L. Buchler is located in Modesto, California. Our office is conveniently located to serve clients in Stanislaus County, San Joaquin County, Merced County, San Joaquin Valley, as well as Central Valley, Stockton, Turlock, Keyes, Oakdale, Ripon and Salida.
