The Law Office of Kurt H King

February 25, 2013

Using A QDRO To Collect Back-due Child Support Or Maintenance Under Missouri Law

Filed under: Family Law,Support — kurthking @ 5:47 pm
Tags: , ,

Missouri case law acknowledges the right of a former spouse to apply to the court for a Qualified Domestic Relations Order to collect past-due child support or maintenance.  See the Eastern District’s decision in Baird v. Baird, 843 S.W.2d 388 (1992), which without much ado simply recognizes that the federal ERISA authorizes such division of retirement accounts by QDRO in connection with child support and maintenance.  That court rejected the notion that allowing the use of a QDRO to collect a child support arrearage improperly redivides the marital property.

Collection of child support or maintenance by QDRO would seem to work best if the retirement asset is a 401(k) or equivalent from which a lump sum distribution may be made to pay off the child support or maintenance arrears.  If the retirement asset is a pension that pays “x” dollars of benefits each month after retirement, a lump sum distribution may not be possible and thus collection may not begin for years and have to run for many months or even years before the arrears is fully collected.

But in the right situation, an application for a QDRO may be the perfect tool to collect child support or maintenance.

 

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

816.781.6000

Family Law–Dissolution of Marriage; Modifications; Child Custody, Support, Visitation; Paternity

General Litigation, Personal Injury, Workers’ Compensation

http://www.kurthking.com

 

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