Q: Can Nevada attorneys have a Order Incident to add certain payment amounts to a QDRO.
The defense added what I was to pay (my half) like the QDRO amount I owed, the Mediation amount owed was to be paid from my Money Purchase account. When it was written into the amended divorce decree I explained to my attorney and the defense attorney that the plan would not approve third party payments plus they recieved the letter from the plan admin about what would be a approved QDRO and how only the Participate and the Alternate (ex wife) would be the only people being paid, ERISA regulated. They both said the Judge would make the order. That was in 2015. When the new Judge in this case was about to step down (retire) he got the Order during Covid! The case had been closed for almost a year. And the statues were past the 6 years. I emailed the defense and explained this with no reply.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In Nevada, an attorney may be able to request an Order Incident to add certain payment amounts to a Qualified Domestic Relations Order (QDRO) if it is in compliance with applicable laws and regulations. The QDRO is a legal document that directs a retirement plan administrator to pay a portion of the retirement account to an alternate payee, such as a former spouse.
If there is a dispute about the terms of the QDRO, the parties may need to seek clarification or modification from the court. It may be necessary to consult with an attorney who specializes in family law or retirement benefits to determine the best course of action.
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.
