BenefitsCounsel
Nov 4 2008, 05:10 PM
I was under the impression that a QDRO cannot be amended - even upon the mutual agreement of the participant and alternate payee - without judicial approval. Is this correct?
Thank you in advance.
J Simmons
Nov 4 2008, 05:30 PM
I think you are correct. It takes a judge's signature.
QDROphile
Nov 4 2008, 05:36 PM
Since a domestic relations order is an order or other edict of a court or other authoized body, even if the order is an approval of a settlement agreement, I do not see how a post-order agreement that is not itself approved by the court or other body can be a domestic relations order. I would not approve an order in the first place if it had a provision that says the order could be modified simply by agreement of the particpant and alternate payee.
Domestic relations orders are not limited to court orders.