That was the issue in In Re Marriage of Cook (PDF format) decided on April 14.
Mother received the Qualified Domestic Relations Order (QDRO) for child support arrears (Father accrued $25,000.00 before the divorce was final) and property settlement. Getting the money out of the pension fund became the problem.
...The Plan set forth four classes of benefits: (1) retirement; (2) termination; (3) disability; and (4) death. The earliest age that a participant becomes eligible for retirement benefits under the Plan is fifty-five, assuming that other conditions necessary to qualify for early- retirement are satisfied. A termination benefit is available only if the participant has accumulated less than $5,000 in the account and has accumulated two consecutive one-year breaks in service. The death and disability benefits, as the names suggest, are available only to a participant who has become disabled or has died.
Frankly, I think the Court of Appeals was right on the money but I cannot understand why anyone would wrap child support arrears into a QDRO. I suspect Mother found out just how bothersome was this method of collecting child support.
For more general information on QDRO's, see my post Divorce: Pensions and Qualified Domestic Relations Orders.
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