The Basics of Qualified Domestic Relations Orders

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May 13, 2012 /24-7PressRelease/ -- A legal document known as a Qualified Domestic Relations Order (QDRO) is a way to apportion all or a part of one person's pension or retirement benefits to another during a family law proceeding. QDROs are most often used for:
- Division of pension and retirement accounts that are marital assets as part of a separation or divorce
- Payment of spousal support (alimony) to a former spouse
- Payment of child support

Not all domestic relations orders are "qualified" orders as required by state and federal laws, specifically the Employee Retirement Income Security Act (ERISA), that would grant the administrators of a retirement or pension plan the ability to disperse funds from one person's account to a spouse, former spouse, child or other dependent.

To be considered a "Qualified Domestic Relations Order" pursuant to ERISA, an order must include:
- The name of the retirement or pension plan
- The full legal name and last known mailing address of the plan's owner
- The name and postal address of the person to whom payments would be made from the plan (usually a spouse, former spouse, child or other dependent family member or a designated trustee or agent of a spouse, former spouse, child or other dependent family member)
- The amount of money to be transferred
- The way in which funds will be transferred (whether in a lump sum payment or a series of smaller payments)
- The "life span" of the QDRO (the date upon which payments will begin to be transferred and the date upon which payments to an alternate beneficiary will stop)

If any of the preceding elements is not included in the QDRO, it will not be qualified under ERISA. Individual pension and retirement plans might also contain additional restrictions that must be followed by the plan's administrator in order to properly handle a QDRO.

How Is a QDRO Drafted?

Plan participants whose benefits might be subject to a QDRO or an alternate payee/beneficiary seeking payments have the authority to draft a QDRO that would be enforceable subject to court approval. The process of drafting a valid QDRO that meets the criteria set forth by ERISA is an exacting one; most people who are interested in the creation of a QDRO work with a skilled financial expert or legal advisor. Working with an experienced professional is the best way to streamline the process and increase the chances of having the order be effective and enforceable the first time around.

Once the QDRO has been drafted, it is sent to the relevant state authority -- usually a family court -- for approval. After the court has signed off on the document and filed it, the order is enforceable. A QDRO can be part of the larger divorce proceeding or it can be filed independently prior to or following a dissolution of marriage. Regardless of when the QDRO is filed, though, it can be a vitally important part of any property settlement agreement and a good way to provide for the current and future needs of a spouse, former spouse, child or other dependent family member.

Article provided by The Law Offices of Wendy Raquel Hernandez, P.C.
Visit us at www.hernandezfirm.com

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Maryland Protective Orders

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    April 22, 2012 /24-7PressRelease/ -- Maryland Protective Orders

Maryland law provides for protective orders and peace orders to shield victims of abuse from potential harm. Protective orders are used in domestic relationships, while peace orders apply to any other situation, such as a dating partner (with whom the victim does not live), a neighbor, co-worker or even a stranger.

Requirements for Protective Orders

Maryland statute provides that persons in the following relationships with their alleged abusers or with the following characteristics may file for protective orders:
-Spouses and ex-spouses
-Cohabitants and certain former cohabitants
-Persons related by marriage, blood or adoption
-Parents and stepparents, children and stepchildren
-Vulnerable adults
-Persons having children in common with their abusers

If none of the above situations apply, a peace order filing is appropriate.

What Constitutes Abuse?

Maryland statute also defines abuse for the purposes of protective orders, and includes:
-Acts causing "serious bodily harm"
-Acts causing "fear of imminent serious bodily harm"
-Assault in any degree
-Rape and attempted rape, and certain other sexual offenses
-False imprisonment

In addition to the above, peace orders can be issued upon showing the court evidence of criminal harassment, stalking, trespassing and malicious destruction of property.

What Protective Orders Can Do

Maryland peace and protective orders may order the alleged abuser to:
-Stay away from the victim
-Stop contact, harm and threats
-Move out if the abuser and victim share a home
-Support the victim with monetary payment
-Attend counseling
-Award custody of children and pets
-Award the use of a home or car

Types of Protective Orders

Three types of Maryland protective orders are available:
-An interim protective order is a short-term emergency order issued by a District Court commissioner when the court is closed. The alleged abuser need not be present when the order issued and it goes into effect when a law enforcement officer serves the respondent the order.
-A temporary protective order is a court order that typically lasts one week from the date of issue. Under some circumstances a judge can extend a temporary order past the seven days. Again, the alleged abuser need not be present when the order is issued.
-A final protective order is a court order issued after a full hearing at which both parties have the right to be present and argue their case. Depending on the circumstances, the judge may order the final protective order to last up to one year. After another hearing a judge may extend this order for up to six months. If a petitioner is abused during the period the protective order is in place (or within one year of its expiration), a judge may extend or grant another two-year order.

Violation of a peace order or protective order is a crime with potentially serious repercussions for the alleged abuser. Potential penalties for a violation of a protective order include a finding of contempt of court, arrest, criminal prosecution, imprisonment, or fine.

Of course, whether or not a protective order is in place, acts of domestic violence themselves can constitute many serious crimes under Maryland state law. Peace and protective orders are not a criminal proceeding, however, and do not lead to criminal prosecution to the person against whom the order is issued.

No one would deny the tragedy of domestic violence, but everyone deserves a strong defense when accused of being a perpetrator. Mitigating factors may be present like mental illness, self-defense or defense of another person. Those falsely accused of domestic abuse face serious consequences both short and long-term and require experienced help to prove their innocence.

If you or a loved one is accused of domestic violence, contact a criminal defense attorney to protect your rights and mount a full defense.

Article provided by Craig M. Kadish, Chtd.
Visit us at http://www.kadishlawfirm.com

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