Guest BenefitsCounsel Posted November 4, 2008 Posted November 4, 2008 I was under the impression that a QDRO cannot be amended - even upon the mutual agreement of the participant and alternate payee - without judicial approval. Is this correct? Thank you in advance.
J Simmons Posted November 4, 2008 Posted November 4, 2008 I think you are correct. It takes a judge's signature. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
QDROphile Posted November 4, 2008 Posted November 4, 2008 Since a domestic relations order is an order or other edict of a court or other authoized body, even if the order is an approval of a settlement agreement, I do not see how a post-order agreement that is not itself approved by the court or other body can be a domestic relations order. I would not approve an order in the first place if it had a provision that says the order could be modified simply by agreement of the particpant and alternate payee. Domestic relations orders are not limited to court orders.
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