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Special court order can help recover divorce settlement funds

It's a problem faced by many Coloradans who have recently been divorced. After the dissolution of the marriage, how do you make sure that your ex-spouse continues to make mandated child support and alimony payments? The fact remains that a large number of ex-spouses patently refuse to honor financial mandates contained in their divorce settlements. A certain type of legal order may be able to help some Colorado residents receive the money they need from a spouse who is trying to play the system.

These orders, known as Qualified Domestic Relations Orders, allow alimony and child support recipients to tap into certain types of retirement benefits to guarantee equitable property division during a divorce. That retirement plan, under federal law, can be accessed to pay child support and spousal support. A growing number of attorneys are successfully recovering funds for their clients thanks to the provisions contained in the QDRO model.

The non-paying spouse is thus effectively removed from the payment equation. That person can be bypassed, and their retirement plan can be accessed for the purposes of paying support. The QDRO is thus used as a lien on the non-paying spouse's retirement accounts. The payments may be received in a variety of formats; some retirement accounts may prohibit the distribution of large sums, so some legal maneuvering may be required.

Divorcees who are considering using the QDRO model will likely need the help of an attorney to use this method for recovering delinquent support. These orders should be carefully reviewed by a Colorado family law attorney to ensure that payments are adequate and legally overseen. Support recipients who are struggling to obtain the money they need and deserve may benefit from contacting a Colorado attorney to learn more about their QDRO options.

Source: Forbes, "How To Get Your Ex-Husband To Honor The Financial Terms Of Your Divorce Settlement" Jeff Landers, Feb. 19, 2014

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