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Yet Another QDRO Language Issue

Kevin Hickey Blog 27 October 2017

QDROs, Qualified Domestic Relations Orders, are drafted by an attorney, and signed by the judge, usually after the divorce is final. The purpose of the QDRO is to provide one spouse with a portion (usually half) of the other spouse's retirement account due to the fact that the retirement account is marital property. In a divorce, we divide pretty much everything right? Well, that normally includes retirement accounts.
But retirement accounts present the problem of taxes and penalties if funds are withdrawn from them prior to retirement. A QDRO allows the spouse receiving a portion of the other spouse's retirement to receive those funds without penalty, PROVIDED that the funds are kept in a similar retirement account and not withdrawn as cash.
Most attorneys hate drafting QDROs for a variety of reasons, primarily because there are numerous pitfalls in the language that is used. The following case illustrates how important it is to monitor the precise language in your QDRO.

Here's the link...
http://courts.arkansas.gov/court_opinions/coa/2009b/20090930/ca09-111.pdf

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10 Holiday Tips for Divorced Parents

Kevin Hickey Blog 27 October 2017
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Termination of Parental Rights

Kevin Hickey Blog 27 October 2017
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Grandparent Rights in Arkansas

Kevin Hickey Blog 27 October 2017
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Good Discussion of Property/Debt Division and Alimony

Kevin Hickey Blog 27 October 2017
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Contempt - Order Must Be Specific

Kevin Hickey Blog 27 October 2017
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"Material Change in Circumstances" Still a Substantial Burden

Kevin Hickey Blog 27 October 2017
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Child Support Arrearage Award Placed in Account for Child

Kevin Hickey Blog 27 October 2017
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Child Support Law in Arkansas

Kevin Hickey Blog 27 October 2017
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Former Prosecutor Khuzami Named SEC Enforcement Chief

Kevin Hickey Blog 27 October 2017
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Military Income - BAH Included as Income in Determining Child Support?

Kevin Hickey Blog 27 October 2017
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Obama

Obama's Inauguration Speech Reference to...George Washington?

Kevin Hickey Blog 27 October 2017
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Hard Times Test Marriages

Kevin Hickey Blog 27 October 2017
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  1. My Child is Older. Is That a Material Change in Circumstances?
  2. 12 Ways Kids Get Involved in the Divorce
  3. Winning a Divorce?
  4. Why Isn't Dan Webb Representing Illinois Governor Blagojevich in Current Legal Mess?
  5. Beware of Jury Duty Scam
  6. Is Your Spouse Hiding Money?
  7. What to Look for in a Lawyer
  8. How to "Ungrinch" Your Christmas
  9. Malcolm Gladwell's New Book Outliers
  10. Happy Thanksgiving!
  11. Holiday Shopping Tips from the Federal Trade Commission
  12. Not Getting Along With Your Spouse? Tips for Getting Through the Holidays

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