I owe child support arrears due to an oversight (by both parties) not discovered for years. My Ex has been incredibly aggressive in her attempt to collect the entire amount in a lump sum. I asked for relief from the court and I have an order stating the the arrears shall be paid off at a specific monthly rate. I have been paying that amount on time every month for a few years.
I recently discovered my Ex filed an ex parte application for a child support arrears QDRO and she is trying to get the money from my 401k. Apparently QDROs are hard and her first attempt was rejected (common occurrence it seems), well the legal team used by my employer was nice enough to provide her a template she could use to met the required format. I don't think the QDRO has been signed by the judge yet, but I expect it will be soon.
Is anyone familiar with a process I could use to prevent the QDRO from being executed? I'm thinking something like a motion to recall the QDRO or maybe a restraining order to prevent it from going through.
Reasons I don't think the QDRO should be acted on: 1) A payment arrangement has already been ordered by the court and I have adhered to that order, 2) By the time the QDRO is approved and executed the amount I actually owe will be several thousand dollars less than what is requested by the QDRO, 3) The taxes and fees I will incur are unreasonable given I have been paying according the court order on time every month.
