In Florida, both the Department of Revenue and the family circuit courts have the authority to order that a qualified domestic relations order (QDRO) be drafted and implemented for the benefit of the alternative payee and/or their child (beneficiary or recipient). A Qualified domestic relations order alimony and a Qualified domestic relations order child support go hand-in-hand. A QDRO is intended and is generally necessary for the distribution and disbursement of one’s retirement benefits in a divorce or other family law matter. A QDRO disbursement of retirement benefits may apply to arrearages in alimony and/or child support cases or as otherwise may be applicable and allowable under Florida law. For more information, call Jacobs Law Firm, QDRO Attorney Florida to schedule a consultation. Dial 407-335-8113 today.
A qualified domestic relation order alimony (QDRO) is a court order that assures an alternative payee’s (person receiving the money) right to receive the entirety or a percentage of the benefits that may be available in the payor’s retirement plan and allowable pursuant to the terms of the plan. Generally, an alternate payee is the spouse or child of the payor or a legal guardian if circumstances should warrant. Examples in Florida for a qualified domestic relations order child support include Florida Retirement System (FRS), Disney’s the “Plan” (for Disney employees), and other retirement benefits programs insofar as the payor qualifies.
Provided the Department of Revenue or the family circuit court rules that a payor owes substantial child support or alimony arrearages, a payor may be compelled by court order to produce a QDRO. A QDRO in Florida divides a payor’s 401K or other retirement-based account to pay for overdue child support or alimony arrearages as referenced above.
The basic informational (but not limited to) requirements for a QDRO to be issued and accepted by a plan administrator are:
- The names and addresses of the participant (payor) and alternate payee(s),
- The name and information regarding the payor’s plan,
- The amount of the intended disbursal to the alternate payee(s), which can be a percentage or a dollar amount, and
- Instructions regarding the manner of payment and the timeline associated with the payment(s).
Ultimately, whether a Qualified domestic relations order alimony and a Qualified domestic relations order child support qualify for a QDRO are satisfactory, the plan administrator (a fiduciary) will render a determination. For a determination of the benefits available and the meeting of certain requirements, it is best to submit the QDRO proposal to the plan administrator prior to submitting it to the court. Contact Jacobs Law Firm, QDRO Attorney Florida to schedule a consultation. Dial 407-335-8113 today.