In the Colorado case of Marriage fo Drexler and Bruce, the Colorado Court of Appeals held that a nonpaying spouses retirment accounts were not exempt from a collection to pay support arreages. In the case, the husband had failed to pay his support for a period of time after he was orderd in a divorce to pay child support and spousal support for 4 years. The husband, an attorney, did not comply with the order and ended up with a large support arreage obligation to his ex-wife. She took action in court and ultimately asked the court to attached the husband's retirement funds which are usually protected from collection. However, the trial court disagreed and entered a Qualified Domestic Relations Order (QDRO) without the husband's approval or signature. He appealed. ERISA generally prohibits assignment or alienation of retirement plan funds. However, the Court held that the assignment for support pursposes did not violate state or federal law regarding ERISA or the prupose of a QDRO. Although this case is extreme, it does demonstrate the extent that the court will go to enforce orders to pay spousal or child support. If you have any questions about you case or believe mediation may assist you in helping reach a resolution of your divorce issues, please give Mediation Partners a call at your convenience.
720-889-2808