Grovetown, GA asked in Divorce for Virginia

Q: I have a court order to receive payment by a private person exceeding $15,000 and that person refuses to pay

Awarded retirement back pay

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Glen Allen, VA
  • Licensed in Virginia

A: In a divorce in Virginia, an award for distribution of part of an ERISA retirement plan should be evidenced by a separate Qualified Domestic Relations Order, or, if not an ERISA plan, by a Domestic Relations Order. The QDRO must be approved by the plan administrator, who then separates a portion of the plan for the alternate payee spouse for distribution.

If there is simply an order to pay a lump sum in the Final Decree, the enforcement mechanism would be a show cause proceeding, asking the court to issue a rule to show cause in order to hold the alleged contemnor in contempt for failing to obey a court order.

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