NJSBA Family Law Section

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  • 1.  QDRO in domestic violence case

    Posted 06-10-2019 09:56 AM
    I represent a domestic violence victim. She has a FRO in Camden County against her husband, and we recently filed a consent order modifying the FRO to include spousal support. Both parties are retired and the main source of income is the husband's pension. The consent order includes language allowing for payment via QDRO from the pension, but the court said they cannot enter the QDRO under the FV docket. There is no FM docket yet. What do I need to file to open an FM docket and have the QDRO signed? Neither party wants to divorce. Thank you.

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    Wesley Fenza, Esquire|FENZA LEGAL SERVICES

    970 Haddon Avenue, #13, Collingswood, NJ 08108

    Phone: 856-477-3756|Email: [email protected] 


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  • 2.  RE: QDRO in domestic violence case

    Posted 06-10-2019 10:21 AM

    Wesley,

      You cannot "open" an FM docket without a divorce complaint.

      Your only other option would be a complaint for support with an FD complaint.

      Why are you splitting assets with a QDRO if they are not getting divorced? Very unusual.

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 3.  RE: QDRO in domestic violence case

    Posted 06-10-2019 10:32 AM
    You would need to file a complaint for spousal support under the FD docket.  Why can't the support just be paid directly or through probation by husband.  Why do you need a QDRO?

    Alice M. Plastoris, Esq.
    (973) 538-7070

    Sent from my iPad



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  • 4.  RE: QDRO in domestic violence case

    Posted 06-10-2019 10:35 AM
    I'd like to avoid direct payment for all the usual reasons. Can probation garnish a pension for alimony? 



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  • 5.  RE: QDRO in domestic violence case

    Posted 06-10-2019 10:40 AM
    If it in pay status they should. You can ask them.  Otherwise, you may be correct that if the pension is an ERISA plan you may need a QDRO for the monthly support.  Do you have the plan documents and the QDRO drafted?
    the answer to your main question is since there is no divorce filed, and you can't provide for the QDRO to pay the support from the pension, then file a FD complaint for support and enter any support orders that way.

    Alice M. Plastoris, Esq.
    (973) 538-7070

    Sent from my iPad



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  • 6.  RE: QDRO in domestic violence case

    Posted 06-10-2019 11:45 AM

    You might consider filing a complaint for separate maintenance.  It's more expensive than filing an FD complaint for support, but it is a formal proceeding, and it might give you the latitude you need. 

     

    Vincent P. Celli

    Vincent P. Celli, JD, APM

    Attorney at Law

    NJR. 1:40 Family Mediator

    Celli Schlossberg De Meo & Giusti, P.C.

    60 Washington Street, Suite 301

    Morristown, NJ 07960

    Tele: (973) 292-7500

    Fax: (973) 539-3359

    [email protected]

     

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