Vacate Federal QDRO

[Jonelle]

I am attempting to figure out how to vacate a federal QDRO~  My client and his x-wife are both in agreement to vacate the QDRO, she is willing to walk away from it.  Does anyone know the process?

 

[BG5150]

what's a federal qdro?

[david rigby]

Maybe the post refers to a QDRO where one or both spouses are covered by a plan that covers federal employees?  It seems likely the answer to the original Q is to return to court; only the judge can change the judge's order.

 

[Larry Starr]

A judge's order is valid unless the judge vacates it or another court of competent jurisdiction vacates it. Either way, a QDRO (no such thing as a Federal QDRO) is a judge's order and has to follow these rules.

Larry/.

[logroller]

A lot of state courts call any order dividing retirement benefits a QDRO so I wouldn't get too hung up on the language used in the question.

Regardless of what the order is called or should be called, it is a court order and is an enforceable order as written unless vacated or amended by a court with jurisdiction to do so. Not knowing your state or its procedural rules you may be able to vacate the existing order or ask the court to vacate the old order and replace it with one ordering the plan administrator to award nothing to the alternate payee. Note that not all courts can or will do either under their respective state law and procedural rules.

You should talk to a family law attorney or employee benefits attorney in your area who really knows retirement benefit issues.

[Larry Starr]

I disagree with logroller, though  I'm not sure you meant to say what you did. 

The QDRO rules were written as the sole method of getting at retirement benefits in a domestic situation.  Either the ERISA rules are met or they are not.  Any order dividing retirement benefits is NOT a QDRO unless it is found to be a QDRO by the plan (and it meets all the requirements).  An order from a judge that does not meet the rules is NOT enforceable to divide retirement benefits in a qualified plan.  So it really does matter what an order should be called.  

Having said all that. that was not the original question; we asked for more info and now, a week later, no info is forthcoming so we still can't answer the question any better than the previous responses. Regardless of whether this was a standard, valid QDRO or some court order dealing with federal benefits (a "Federal QDRO" which is not a QDRO at all), returning to court is the only legal solution to make it go away, which is apparently what all parties want. 

 

[Carol V. Calhoun]

To be a QDRO (or even a DRO with which a governmental plan can comply), an order must be "made pursuant to a State domestic relations law."  So the order can't be vacated at the plan level; the relevant court would need to vacate it.