Friday, July 19, 2019
The Superior Court of New Jersey issued an opinion ruling that federally-protected retirement plans can be invaded to pay child support arrears and college tuition expenses, as well as attorney and expert fees.
In Orlowsky v. Orlowsky, Mr. Orlowsky repeatedly issued meritless claims against his former wife while also failing to pay his court ordered child support. Finally, the court had had enough of his antics. The judicial system ordered that a Qualified Domestic Relations Order, which functions as a limited exception to federally-protected retirement plans, could be utilized to pay child support arrears and other child-related expenses, as well as attorney and expert fees.
The Qualified Domestic Relations Orders could be increasingly utilized as a remedy in family law cases when other alternatives are unavailable.
See John S. Eroy, Appellate Court Permits Invasion of Retirement Accounts to Enforce Child Support Orders, NJ Law Blog, July 18, 2019.