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Usual Fees:  $275 for 401(k), 403(b), 457, PERA; $350 for Pension Plans
50% Discount for Multiple QDROs

Gross Up for Income Tax if Use a QDRO to Collect Colorado Child Support

Summary:  Retirement plan assets can now be used to collect Colorado child support. Child support payments from the retirement asset can begin immediately, without any waiting period. Remember to consider the treatment of income tax because retirement plan distributions are taxable. In contrast, regular child support is income tax neutral.

Obtaining Child Support from Retirement Plan Assets

Under federal pension plan law (ERISA), retirement plan assets can be tapped through the use of a QDRO to get child support (and maintenance) payments.

A QDRO can be used to collect child support in Colorado even if an earlier QDRO was used to split a retirement plan for the benefit of a former spouse.

A defined benefit pension plan can be used to collect a stream of monthly child support payments.

A defined contribution plan is a good asset to obtain a lump sum for child support arrears.

This is true of the law of all states, not just Colorado.

Why Income Tax is Different for Child Support QDROs

Under the traditional QDRO which is used to divide martial assets, the income tax is paid by the former spouse who received the QDRO account, at the time that the money is withdrawn.

However, if the QDRO is used to pay child support, the income tax on the money withdrawal is paid by the plan participant (employee).

This is consistent with the general rule that child support is not tax deductible to the payor and it is not taxable income to the recipient.

A child support QDRO is especially effective if an arrears is owed.

  Updated October 02, 2016  
  The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising.