Rightfully Yours Past-Due Child Support, Alimony, and Securing Your Share of Your Ex's Pension

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ISBN: 9781551804040 | 1551804042
Cover: Paperback
Copyright: 10/15/2004

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The struggle to obtain what is rightfully yours - financial support from your ex-spouse - can be fraught with tension, anger, and compromise. This book will make available to you the most powerful tool in collecting past-due child support and alimony without wasting thousands of dollars in legal fees. This book focuses on two important issues:

Preface

Did Your Divorce Decree Grant You a Portion of Your Ex-Husband's Future Pension? (It Should Have!)

(9)

Don't Forget the Pension

(1)

It's Your Property Right

(1)

It's Not Alimony

(1)

How Much Is the Retirement Benefit Worth?

(4)

Defined contribution plans

(2)

Defined benefit pension plans

(2)

The Use of Offsetting Assets

(1)

A QDRO Is a Must

(1)

What Is a QDRO? (And Why Do You Need One?)

(9)

Horror Story No. 1

(1)

Horror Story No. 2

(1)

Horror Story No. 3

(1)

Congress Created QDRO Laws in 1984

(2)

The Requirements of a QDRO

(2)

Pension Plan Administrators Can Throw Out Your QDRO If They Don't Like It

(2)

What Types of QDROs Are Available?

(4)

Two Types of QDROs for Defined Benefit Pension Plans

(1)

Survivorship Benefits under Defined Benefit Pension Plans

(1)

Former Spouses Can Get Survivor Protection

(1)

The Separate Interest QDRO

(1)

The Shared Payment QDRO

(1)

QDROs for Defined Contribution Plans

(1)

Do You Need to Get an Attorney to Draft a QDRO? (What If You Can't Afford One?)

(7)

Contact Your Original Divorce Attorney

(1)

Contact a New Family Law Attorney

(1)

Try to Draft a QDRO Yourself Using a Sample QDRO from this Book

(4)

Step-by-step instructions for completing a sample QDRO yourself

(2)

Getting the Judge's Signature

(2)

How Do You Deal with the Plan Administrator?

(10)

Plan Administrators and You

(1)

Remaining Nonadversarial with the Plan Administrator

(3)

Problems in Discovery

(1)

Your Rights under the Federal Pension Law Called ERISA

(1)

Administrative Fees for Processing QDROs

(1)

Constructive Notice of a QDRO

(1)

The Company's Own Model QDRO Language

(1)

The Administrator's Approval and Signature

(1)

Could Your Ex-Husband Have More than One Pension?

(6)

Nonqualified Retirement Plans Not Subject to QDROs

(1)

Types of Defined Contribution Plans

(1)

Types of Defined Benefit Pension Plans

(1)

Coverage under Two Defined Benefit Pension Plans

(1)

A Separate QDRO for Each Plan

(1)

Don't Forget about Your Ex-Husband's Previous Employment

(1)

How Much of the Pension Are You Entitled to Receive?

(11)

Determining the Marital Portion of a Defined Contribution Plan

(1)

Premarital Account Balances

(1)

QDRO Tips for Determining Your Share of a Defined Contribution Plan

(2)

Interest and investment earnings

(1)

Sneaky plan loans by participants

(1)

Contributions made after divorce that were for periods before divorce

(1)

Determining the Marital Portion of a Defined Benefit Pension Plan

(2)

Coverture: The Recommended Approach for QDROs under Defined Benefit Pension Plans

(6)

The mechanics of the coverture approach

(2)

Model coverture language

(1)

If your divorce decree did not include a coverture formula

(1)

When Can You Start Receiving Your Share of the Pension? (Do You Have to Wait Until Your Ex Retires?)

(6)

The Early Retirement Subsidy

(3)

How does the early retirement subsidy affect an alternate payee under a QDRO?

(1)

What if a shared payment QDRO is used?

(1)

When can you receive benefits under a defined contribution plan?

(1)

Direct Distribution or Rollover to an Individual Retirement Account

(1)

Establishing Separate Accounts

(2)

Are You Entitled to Receive Your Share of the Pension for Your Entire Lifetime? (If So, How Can You Secure a Lifetime Pension?)

(4)

Use of a Separate Interest QDRO

(1)

Use of a Shared Payment QDRO

(1)

Contact the Plan Administrator If Uncertain

(1)

What about a Defined Contribution Plan?

(1)

Is It Too Late to Draft a QDRO Now? (Your Divorce Occured Years Ago)

(7)

The Importance of Drafting a 401(k) Plan QDRO before Your Ex-Husband Terminates His Employment

(1)

What If the Plan Makes a Distribution to Your Ex-Husband While the QDRO Process Is Pending?

(1)

Is There an 18-Month Maximum Segregation Period for Pending QDROs?

(1)

Check for a Possible Rollover to an Individual Retirement Account

(1)

What If the Original Divorce Decree Was Silent on the Pension Issue?

(1)

The Buildup of Child Support or Alimony Arrearage after Divorce

(2)

What about Past-Due Child Support and Alimony (Can You Use a QDRO for This?)

(12)

Does This Sound Familiar?

(1)

QDRO for Child Support and Alimony

(1)

Using Multiple QDROs

(1)

A Tax Tip for Child Support QDROs

(2)

Getting Past-Due Child Support Payments or Alimony from a Defined Contribution Plan

(1)

Getting Past-Due Child Support Payments or Alimony from a Defined Benefit Pension Plan

(7)

Your Ex-Husband Has Already Retired (Is It Too Late to Draft a QDRO?)

(4)

You Must Use a Shared Payment QDRO If Your Ex-Husband Is Retired

(1)

A Possible ``Catch-22'' Situation That Will Destroy Any Chance You Have to Receive a Lifetime Pension

(1)

No Retroactive Pension Payments Are Allowed If Your Ex-Husband Is Already Retired

(1)

There May Be a Way to Recoup Lost Pension Payments

(1)

Your Ex-Husband Has Died (Is It Too Late to Draft a QDRO?)

(4)

Get the QDRO Done before Your Ex-Husband Dies

(1)

Your Ex-Husband Died before the QDRO Was Done: What Do You Do Now?

(3)

You Are Going Through a Divorce (What Should You Know about the QDRO Process?)

(8)

Complete Discovery of All Plans of Coverage

(1)

The Separation Agreement: Making Sure Your Attorney Doesn't Shortchange Your QDRO Rights

(5)

Calculation of assigned benefit: Coverture recommended

(1)

Survivorship protection

(1)

Postretirement cost of living adjustments

(1)

Early retirement subsidy

(1)

Anti-circumvention language

(2)

Incorporate the QDRO by Reference into Your Decree

100

(1)

Don't Forget the Boilerplate

101

(1)

The Follow-Through with the Plan Administrator

101

(1)

Your Attorney Never Drafted a QDRO for You (Is This Considered Malpractice? What Are Your Options Now?)

102

(4)

Failure to Draft a QDRO

103

(1)

Be Proactive

104

(1)

Consider a Malpractice Suit a Last Resort

105

(1)

What If Your Ex-Husband Is Covered under the Federal Civil Service Retirement System?

106

(11)

Dividing the Employee Annuity

107

(2)

What are the employee eligibility requirements?

107

(1)

What are the maximum allowable payments to the former spouse?

108

(1)

Are there any application requirements for the former spouse?

108

(1)

When do payments to a former spouse terminate?

109

(1)

The Refund of Employee Contributions

109

(1)

What amounts are subject to a court order acceptable for processing?

109

(1)

Will the payment of a refund of employee contributions terminate any future rights to a portion of the employee annuity or a survivor annuity?

110

(1)

Can a COAP prevent a separated employee from receiving a refund of employee contributions, in order to secure a former spouse's future right to a portion of an employee annuity or a former spouse survivor annuity?

110

(1)

Former Spouse Survivor Annuities

110

(7)

What are the maximum survivor benefits payable under the Civil Service Retirement System?

110

(1)

Are there eligibility requirements for the former spouse?

111

(1)

Do you have a future right to a former spouse survivor annuity?

111

(1)

How does the employee or former spouse pay for the cost of providing a former spouse survivor annuity under a COAP?

111

(1)

Once a court order acceptable for processing has been prepared, where should it be sent?

112

(1)

Can court orders bar the payment of employee annuities?

112

(1)

What kind of formulas can be used in a COAP to identify the former spouse's share of the employee annuity?

113

(4)

What If Your Ex-Husband Is Covered under a Military Retirement Plan?

117

(23)

The 10/10 Rule for Property Divisions

118

(1)

Maximum Payments to a Former Spouse

118

(1)

The Military Uses Only the Shared Payment Approach

119

(1)

The Soldiers' and Sailors' Civil Relief Act of 1940

120

(1)

Survivor Benefit Plan (SBP) Coverage for a Former Spouse

121

(1)

Deemed Election of Former Spouse Coverage

122

(1)

Termination of SBP Surviving Spouse Coverage on the Remarriage of a Former Spouse before Age 55

123

(1)

Anti-Circumvention Language

123

(2)

Model Military Court Orders to Divide Retired Pay

125

(15)

What If Your Ex-Husband Is Covered under the Railroad Retirement Board Pension Plan?

140

(9)

A Tier I Annuity Is Not Divisible by a Court Order

140

(1)

A Tier II Annuity Is Divisible by a Court Order

141

(1)

Vested Dual Benefit Payments and Supplemental Annuities

142

(1)

Survivor Rights to Tier II Annuities

143

(1)

Other Railroad Retirement Board Pension Plan Coverage

144

(1)

Model Court-Ordered Language to Divide the ``Divisible Portion'' of Railroad Retirement Benefits

144

(5)

Is There Model QDRO Language That You Can Use?

149

(26)

Glossary of QDRO and Pension Terminology

175

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Rightfully Yours Past-Due Child Support, Alimony, and Securing Your Share of Your Ex's Pension

Summary

Author Biography

Table of Contents

Supplemental Materials