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.
In Pittsburgh, Pennsylvania, a Motion to Reopen Case in Order to Include Qualified Domestic Relations Order (QDR) in Final Decree or Judgment allows individuals involved in a divorce or family law case to amend their previous court rulings and ensure the proper inclusion of QDR Os. A Qualified Domestic Relations Order is a legal document that outlines how retirement benefits are divided between divorcing spouses. Different types of Pittsburgh Pennsylvania Motion to Reopen Case in Order to Include Qualified Domestic Relations Order in Final Decree or Judgment may include: 1. Post-Divorce QDR Motion: This type of motion is filed after the divorce is finalized but requests the court to reopen the case in order to include a QDR that was overlooked or not properly addressed in the original decree or judgment. 2. QDR Modification Motion: When there is a need to modify an existing QDR, either due to mistake, change in circumstances, or new information, a motion can be filed to reopen the case and request the revision or amendment of the previous QDR. 3. QDR Enforcement Motion: If one party fails to comply with the terms of a QDR included in the final decree or judgment, the aggrieved party can file a motion to reopen the case and seek enforcement of the QDR. 4. QDR Inclusion Motion in Pending Divorce Case: In certain situations, parties may discover the need for a QDR during an ongoing divorce case. This motion allows them to ask the court to reopen the case, include the QDR in the final decree or judgment, and ensure the fair distribution of retirement benefits. 5. QDR Clarification Motion: Sometimes, a QDR included in the final decree may lack clarity or specific instructions. In such cases, a motion to reopen the case can be filed to seek clarification or additional provisions to ensure smooth implementation of the QDR. 6. QDR Exclusion Motion: In rare instances, a party may believe that a QDR was improperly included in the final decree or judgment. They can file a motion to reopen the case and request the removal or exclusion of that QDR, arguing legal or factual errors. In conclusion, a Pittsburgh Pennsylvania Motion to Reopen Case in Order to Include Qualified Domestic Relations Order in Final Decree or Judgment serves as a legal mechanism to rectify any oversight, modification, enforcement, inclusion, clarification, or exclusion relating to QDR Os in divorce or family law cases.
