|
| | Qualified Domestic Relations Order (QDRO) |
Purpose of Subsequent Order
If a divorce decree divides retirement benefits but does not provide a qualified domestic relations order (QDRO) or similar order permitting the payment of benefits to an alternate payee or other lawful payee, a party may request that the court render a QDRO or similar order. And, when the original decree attempted to permit direct payment of benefits but the plan administrator determined that it does not meet the requirements of a QDRO, the court has jurisdiction to render an amended or corrected decree that will qualify as such.
Continuing Jurisdiction
A petition seeking a new or amended QDRO or similar order must be filed with the court that rendered the final decree dividing the property. Notwithstanding any other enforcement provision of the Family Code, the court that rendered the final decree dividing the property has continuing, exclusive jurisdiction over the parties and property for purposes of rendering a QDRO or similar order as if the court were required to currently divide the benefit in a manner substantially similar to the original division.
|
  |
| |
|
|
