QDRO as a support enforcement tool?

Taking time to negotiate and draft the terms in a divorce settlement is time well spent, because those terms are very important once the divorce has been finalized. These terms will determine the property that each spouse gets, the alimony payment that will help them through the new transition, the schedule for when they will have the kids and every detail underneath each of these headings.

The divorce settlement is important, but what if those terms aren’t followed? Money isn’t everything, but when a divorce settlement in New Jersey includes an alimony or child support order, it was a sum that was deemed to be important. The non-paying spouse will likely rely on these funds.

When a spouse doesn’t pay, residents have legal relief options that can help.

Depending on the state, a spouse can seek enforcement by garnishing wages, collecting lottery winnings or even the real threat of jail time. Did you know that a Qualified Domestic Relations Order or QDRO could help too?

This document is at times used as a part of the settlement itself, authorizing the ex-spouse’s right to receive payment from a qualified Employee Retirement Income Security Act or ERISA-governed account. It is also being used more often as an enforcement tool for unpaid alimony or child support as well. It can help by essentially establishing a lien on a 401(k) or a pension plan.

This is just a general or broad piece of information. Spouses seeking to use a QDRO during or after a divorce or looking for other enforcement options should absolutely consult with a New Jersey divorce attorney. A QDRO must be properly executed and any missing detail in this document or another could prove problematic.

Source: Forbes, “How To Get Your Ex-Husband To Honor The Financial Terms Of Your Divorce Settlement,” Jeff Landers, Feb. 19, 2014

Carrie S. Schultz, Esq. – author

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