Jump to content

Cover Arrears with amended QDRO after Divorce


Recommended Posts

I have a successful QDRO in place that cover both the debt incurred in marriage and my 50% hence my ex husband did have a loan balance that incurred during our marriage that he has now paid back into his 401K in the state of Missouri. He is now behind on child support hence he hasn't filed income tax for the last 2 years. I can guarantee that he's not going to file for 2019. 

My question is how can I amend the judge signed QDRO to collect on the arrears he has incurred? Is it possible to collect on 3 months of future payments as a safety net that he doesn't fallback in the near future?

Link to comment
Share on other sites

That sounds like it might be another QDRO, rather than an amended one.  Make sure you seek competent legal advice that has experience in QDROs.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Link to comment
Share on other sites

I think David is correct that you will need a second QDRO rather than an Amended QDRO.  In Missouri a QDRO can be used to collect child support arrears.  See the 4 cases cited at https://scholar.google.com/scholar?hl=en&lr=lang_en&as_sdt=4%2C26&as_vis=1&q=qdro+collection&oq=

The other point you raise deals with the ability of the Court to enter a QDRO that orders the payment of more than the current amount due in order to cover future child support obligations.  The answer will depend on the law in Missouri with respect to sequestration, that is, a request that additional funds over and above the amount then due be paid over to the Registry of the Court, or to the appropriate Child Support Collection Agency, for the purpose of making payments that will become due and payable in the future.  We can do that in Maryland.  The law in Missouri can be found at  https://scholar.google.com/scholar?hl=en&lr=lang_en&as_sdt=4%2C26&as_vis=1&q="child+support"+sequestration&btnG=

I will leave it to you research the answer to the question.  

David

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...