A qualified domestic relation order (QDRO) is a court order in a domestic relations case that orders pension or retirement plan benefits to be used to provide alimony or child support, or to divide marital property in a divorce. ERISA is the primary federal law governing pension plans of employers. ERISA was amended in 1984 by the Retirement Equity Act. One of the provisions of the 1984 amendment created an exception to ERISA's preemption provisions for a qualified domestic relations order. ERISA defines a QDRO as a domestic relations order that creates or recognizes the existence of an alternate payee's right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a pension plan, and that includes certain information and meets certain other requirements. Under federal law, the administrator of the pension plan that provides the benefits affected by an order is the individual (or entity) initially responsible for determining whether a domestic relations order is a QDRO.
Among other requirements, ERISA specifies that a QDRO must contain all of the following information:
" The name and last known mailing address of the participant and each alternate payee;
" The name of each plan to which the order applies;
" The dollar amount or percentage (or the method of determining the amount or percentage) of the benefit to be paid to the alternate payee; and
" The number of payments or time period to which the order applies.
Description: The Allegheny Pennsylvania Motion to Reopen Case in Order to Include Qualified Domestic Relations Order (QDR) in Final Decree or Judgment refers to a legal process that allows parties in a divorce or separation case to request the reopening of a case for the purpose of including a QDR in the final decree or judgment. This motion is necessary when a QDR was not initially addressed or included in the divorce decree or judgment, and it is crucial to ensure the proper division of retirement accounts, pensions, or other qualified plans. In Allegheny County, Pennsylvania, there are different types of Motions to Reopen Case in Order to Include Qualified Domestic Relations Order in Final Decree or Judgment, depending on the specific situation: 1. Motion to Reopen Case for Failure to Address QDR: This motion is filed when a divorce decree or judgment does not contain any provisions or instructions regarding a QDR. 2. Motion to Reopen Case for Inadequate QDR Language: In some instances, a divorce decree or judgment may mention a QDR but lacks sufficient instructions or language to effectively divide the retirement accounts or qualified plans. This motion is filed to rectify such shortcomings. 3. Motion to Reopen Case for New QDR Requirements: If new retirement accounts or qualified plans have been established or discovered after the issuance of the divorce decree or judgment, a party can file a motion to reopen the case for the inclusion of a QDR addressing these newly discovered assets. 4. Motion to Reopen Case for QDR Modification: After the inclusion of a QDR in a divorce decree or judgment, circumstances may arise where modification becomes necessary. Parties can file this motion to reopen the case and seek modifications to the existing QDR. Filing a Motion to Reopen Case in Order to Include Qualified Domestic Relations Order in Final Decree or Judgment in Allegheny County requires proper legal procedure, including submitting the relevant documents, providing detailed explanations of the situation, and following the court's rules and guidelines. It is advisable to consult with an experienced family law attorney familiar with Allegheny County's procedures to navigate this process smoothly and ensure the accurate and fair division of assets.
