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.
A motion to reopen a case in Allentown, Pennsylvania is a legal procedure that aims to include a Qualified Domestic Relations Order (QDR) in the final decree or judgment of a divorce or separation. A QDR is a court order that outlines how retirement benefits or pension plans will be divided between parties involved in a divorce or separation. This motion becomes necessary when a QDR was not initially included or was incorrectly addressed in the final decree or judgment. Allentown, Pennsylvania offers different types of motions to reopen a case in order to include a Qualified Domestic Relations Order in a final decree or judgment: 1. Standard Motion to Reopen: This type of motion is filed when a QDR was inadvertently omitted or overlooked during the initial proceedings. The party seeking to reopen the case must provide evidence and demonstrate that the QDR should have been included in the final decree or judgment. They must present compelling reasons and valid supporting documents to convince the court to reopen the case. 2. Corrective Motion to Reopen: This type of motion is filed when the QDR was initially included in the final decree or judgment, but there are errors or inaccuracies in its content. The party filing this motion must present evidence proving that the QDR requires corrections or amendments to accurately reflect the intended division of retirement benefits or pension plans. 3. Post-Divorce Motion to Reopen: In some cases, a QDR may not have been prepared or finalized before the divorce or separation was finalized. This post-divorce motion is filed when the court needs to reopen the case to address the QDR and determine the appropriate division of retirement benefits or pension plans. When preparing a motion to reopen a case in Allentown, Pennsylvania to include a Qualified Domestic Relations Order in the final decree or judgment, it is important to adhere to the following key steps and considerations: 1. Research and Gather Documentation: Fully understand the QDR requirements and gather all relevant supporting documents, including retirement account statements, pension plan details, and the original divorce or separation decree. 2. Consult an Attorney: Seek legal counsel from an experienced family law attorney familiar with QDR Os and Pennsylvania divorce laws. They can guide you through the process, ensuring compliance with all necessary rules and regulations. 3. Drafting the Motion: Carefully draft the motion, clearly stating the reasons for reopening the case and incorporating the QDR. Detail any errors, omissions, or oversights made during the original proceedings and emphasize how the QDR will rectify these issues. 4. Filing the Motion: File the motion with the appropriate court in Allentown, Pennsylvania, paying attention to any specific filing requirements such as the number of copies needed, applicable fees, and deadlines. 5. Serve the Opposing Party: Serve a copy of the motion to the opposing party or their legal representative, ensuring compliance with the proper service rules and requirements. 6. Attend a Hearing: Attend any scheduled hearings related to the motion. Present arguments and evidence supporting the inclusion or amendment of the QDR in the final decree or judgment. 7. Follow Court Orders: After the court reviews the motion, follow any orders or instructions provided by the judge, such as revising and resubmitting the proposed QDR or attending mediation sessions if required. Successfully reopening a case in Allentown, Pennsylvania to include a Qualified Domestic Relations Order may help ensure the fair division of retirement benefits or pension plans between parties involved in a divorce or separation. It is crucial to consult with a knowledgeable attorney and follow all legal procedures to increase the likelihood of a favorable outcome.
