Mediate Michigan

What can you do when your former spouse is not paying court-ordered support? Congressman Joe Walsh is only the latest in a long line of public figures who stand accused of failing to pay child support, racking up large sums in arrears owed to their former spouses. California recently announced that non-custodial parents in that state alone owe $19.2 billion worth of unpaid child support. Most of us have heard about all the “deadbeat dad” laws, which can strip non-compliant parents of their drivers’ licenses or even send them to jail for failing to pay. Few people — including most divorce lawyers — realize that retirement plans can be used to pay child support and alimony.

Retirement plans can be divided between spouses in a divorce case. This is done by a “Qualified Domestic Relations Order,” which is usually called a “QDRO.” Divorce lawyers are generally familiar with the need for a QDRO to divide retirement plans. However, most of them think that QDROs can only be used to divide marital property – very few realize that QDROs can also be used to provide child support or alimony, particularly when it is past due. I can’t tell you how often divorce lawyers with successful practices are surprised to learn that QDROs are available for child and spousal support payments. Let’s put it this way: I’ve prepared at least a thousand QDROs to divide marital property, but I’ve only ever been asked to do a tiny handful of QDROs for support.

via Emily W. McBurney: My Ex Isn’t Paying Child Support – How Can I Get it From His 401k?.