Addison, IL asked in Divorce for Illinois

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

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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
Brian W. Reidy
PREMIUM
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
Gary W. Wangler
PREMIUM
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 Esq.
J. Richard Kulerski Esq.
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

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