Federal law and Missouri state law generally protects retirement accounts, such as a 401(k), 403(b), etc., and pensions, from the claims of creditors. But what if the owner of the retirement account or pension owes child support or maintenance arrears? In many circumstances the person who is owed the support ("obligee") can obtain a portion of the retirement account or pension by way of a Qualified Domestic Relations Order.
In order to accomplish this the obligee should first consider filing a motion to determine amounts due and owing, and obtain an order specifying the amount of the arrearages including interest. Then, the obligee may elect to proceed with a motion to approve the QDRO.
The Smith Law Firm has successfully obtained large recoveries for clients who are owed back child support and maintenance. Additionally, the Missouri Rules of Professional Conduct allow attorneys to handle these cases on a contingent fee basis, unlike a typical family law matter. This means that the obligee/client may pay nothing up front to an attorney.
If you have questions regarding a child support or maintenance collection matter, please don't hesitate to call us at (314) 725-4400.