Las Vegas, NV asked in Family Law, Admiralty / Maritime and Arbitration / Mediation Law for Nevada

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.

1 Lawyer Answer
James L. Arrasmith
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  • Arbitration & Mediation Lawyer
  • Sacramento, CA

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.

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