Thursday, June 4, 2015
Drafting QDROs for domestic cases is painful to put it mildly. There are potential issues regarding payments and one is almost never accepted the first time it is submitted for approval. I am toying with the idea of drafting a clause ordering the payment from alternate sources if for some reason it is determined that the amounts cannot be paid from the retirement plan. I keep seeing cases from the Court of Appeals where this is an issue because of federal law considerations on certain kinds of plans. Think that at least allows some protection to the party getting the money.