Addison, IL asked in Divorce for Illinois

Q: Union says it won't accept qdro in divorce settlement. Can the union do this?

Related Topics:
5 Lawyer Answers
Ray Choudhry
Ray Choudhry
Answered
  • Moline, IL
  • Licensed in Illinois

A: Probably.

The usual rule is to find out the language they want in the QDRO first before drafting it.

Cheryl Powell agrees with this answer

Brian W. Reidy
PREMIUM
Brian W. Reidy
Answered
  • Orland Park, IL
  • Licensed in Illinois

A: Yes, most likely. They can have certain requirements. Send them a letter requesting a "sample QDRO" or ask if they can provide you with specifics as to why they rejected the previous one so that you can fix it. QDROs can be very tricky and often frustrating for even the most experienced lawyer.

Gary W. Wangler
PREMIUM
Gary W. Wangler pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Belleville, IL
  • Licensed in Illinois

A: The union is not a party to the dissolution of marriage and therefore cannot be ordered by the court to accept a QDRO. Most employers and other organizations if requested to do so will provide guidelines dealing with QDRO forms they will find acceptable. Your attorney will assist you in drafting a QDRO that meets your needs and those of the Union.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Federal law requires the Plan Administrator for a union pension to accept and process a properly prepared and entered QDRO. If they reject a QDRO, it means the QDRO does not meet the standards that they have the right to set. QDRO's often need to be revised and resubmitted until they meet the proper requirements.

Dennis Delman
Dennis Delman
Answered
  • Skokie, IL
  • Licensed in Illinois

A: no,it is Federal Law

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.