Language of QDRO

[Guest DW2]

I have two QDRO orders in which I am trying to get vacated in order to modify. Both were put n place in 2006 less than one month apart in filing. The one for Texas gives the mother, my child's guardian a lump sum for for back child support which should have been modified and was denied and an additional; 200 dollars per month for 2 years. The child moved out of the mothers home in 2006 and has since resided with friends. The other child and her mother now live in Georgia but the QDRO stems fromSeattle where they have not lived in years. The order itself was sent to me after the fact. I was aware that it was being sought but never received any information as to when my court date was etc. (I reside in NC) That particular case was closed for 4 years. It was reopened in 2006 and I was charged back child support for that period. The document I received lists my daughter as a male and refers to me as Mr. Rogers. Yet I am told that I cannot get the motion dsmissed that I have to file motions to vacate on both the probably appeal. Is this true? is there more? What routes can I take if I cannot afford counsel and I do have other children in which I need to provide for?

DW2

[J Simmons]

QDROs, vacating them, modifying them, replacing them, etc. all begins in the state divorce courts (and state appellate processes). Due process means that at least reasonable attempts to notify you (service of process personally, or if that fails, the court may allow it by publication in a newspaper) must be made by those seeking the orders or modifications (or appeals). Each state's procedures vary somewhat from those of other states.

Whatever orders issue out of that court system and are presented to the administrators of the plan must then be reviewed on behalf of the plan to determine if it meets certain federal law requirements. You should be notified by the plan administrator when it receives such an order, and begins its review process.

For possible pro bono assistance (low-cost or free), you might start here

However, you might be tripping over dollars to save dimes by not hiring qualified divorce and QDRO lawyers to assist you.

Good luck.

[J Simmons]

One additional comment. There can be 2 (or even more) QDROs against your benefits in the plan, but if the orders attempt to give more to the alternate payee children than you have in total vested benefits in that plan, the first QDRO determined to meet the federal rules will prevail over the second one.

By the way, Mr Rogers, your situation is the first I've ran across where there are two QDROs aiming at plan benefits of one employee where the alternate payees are both children of different mothers, rather than ex-spouses.