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Qualified Domestic Relations Orders: Strategy and Liability for the Family Law Attorney

Qualified Domestic Relations Orders: Strategy and Liability for the Family Law Attorney

This gap-filling practice guide for handling and protecting retirement benefits in marital dissolutions stresses proper representation and negotiation techniques.


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Publisher :Matthew Bender
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    While many family law attorneys outsource preparation of QDROs to other professionals, the attorney still requires guidance on how to best protect his client's interests. Author Raymond S. Dietrich provides a tightly focused analysis, the necessary information and the strategies critical to properly positioning a case.

    Effective strategies in negotiating settlement of interests in retirement benefits are poorly understood partly because many family law attorneys send the task out to a specialist, use a form book to draft a QDRO or accept the pension plan administrator's offer of the "standard provisions." This book provides a succinct education regarding the structure of many pension plans, alerts the practitioner to unknown contingencies, empowers the attorney with negotiating strategies and warns of potential attorney liability.

    QDRO Strategy and Liability complements all state-specific and national dissolution practice sets and online family law menus in the handling of retirement benefits, one of the most common and important assets in marital dissolution proceedings. This top-of-the-line coverage is a necessary addition for all family law attorneys handling significant asset cases, as well as forensic CPAs and pension plan administrators.

    A Table of Cases, a Table of Statutes and an Index complement the synopses at the beginning of each chapter to make analysis and authority easy to find.

    Chapter 1 Operation of Law
    Chapter 2 Trend in QDRO Case Law
    Chapter 3 Avoiding Malpractice Strategy
    Chapter 4 Governance of QDROs
    Chapter 5 Impact of the 2006 Pension Protection Act (“PPA”) on the Assignment of Benefits in Divorce
    Chapter 6 Plan Administrator Strategy
    Chapter 7 Plan-Based Strategy
    Chapter 8 Benefit-Based Strategy
    Chapter 9 State Plan Strategy
    Chapter 10 Duration of Benefit Strategy: Separate or Shared Interest
    Chapter 11 Time Rule/Coverture Strategy: Amount of the Award
    Chapter 12 Social Security Offset Strategy
    Chapter 13 Nunc Pro Tunc Strategy
    Chapter 14 Present Value Strategy: The QDRO Alternative
    Chapter 15 Community Property Strategy
    Chapter 16 Stock Option Strategy
    Chapter 17 QDRO Taxation Strategy
    Chapter 18 Military Retired Pay Strategy
    Chapter 19 Federal Retirement Plan Strategy
    Table of Cases
    Table of Statutes
    Index

     

    Dietrich, Raymond S.


    Raymond S. Dietrich is licensed to practice law in Arizona, the District of Columbia, Florida, Nevada and Virginia. Mr. Dietrich manages a multi-jurisdictional law practice specializing in the drafting and litigation of Qualified Domestic Relations Orders ("QDROs").

    Mr. Dietrich actively lectures on QDROs across the country and he is regarded as an expert in the field, particularly regarding such private and public pension plans as:

    Military Retired Pay
    Federal Employees Retirement System ("FERS")
    Civil Service Retirement System ("CSRS")
    Arizona State Retirement System ("ASRS")
    Virginia Retirement System ("VRS")
    Public Employees Retirement System of Nevada ("PERS")
    Florida Retirement System ("FRS")

    Mr. Dietrich publishes a QDRO BLOG and newsletter for family law attorneys entitled the QDRO Advisory Report(tm). This resource features developments in QDRO case law and legislative activity that impact the assignment of benefits in divorce. The firm's web page is located at www.qdrotrack.net.

     

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