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QDRO to Collect Past Due Child Support
Overview of a Nevada QDRO and Dividing Nevada Retirement Accounts
In Nevada vested pensions are marital property. A pension vests when all the requirements to receive the pension have been met. Unvested pensions are also marital property. Until the pension has vested, the person under whom the pension is maintained has only an expectancy of interest in the pension.
Several different methods of valuation are used in determining how much a marital asset is worth, depending upon the asset to be valued and the level of agreement between the parties. Courts generally accept the value when the spouses mutually agree on a value of a particular asset. Experts may be retained by the parties or by the courts to determine the value of marital assets if the parties cannot agree. Such experts may include accountants, real estate or business appraisers, or pension valuators. The use of experts adds to the cost of the divorce.
In Nevada the court may include the retirement benefits and plans earned by both spouses as marital assets available for division. Retirement benefits vary greatly but can generally be divided into two groups:
- Defined Contribution Plans: A defined amount of money belonging to the employee. The employee and/or the employer make defined contributions. The balance of the plan is constantly changing, but its value is definable at any given point. 401(k)’s, 403(b)’s and profit sharing plans fall into this category.
- Defined Benefit Plans: A retirement benefit where an employer promises to pay a benefit to an employee sometime in the future, based upon some type of formula. Normally, this formula is based on the employee’s salary near the end of his or her career and the number of years he or she worked for the employer before retirement. Defined benefit plans are much more complicated to value and often require the professional evaluation of an actuary to determine exact values.
In Nevada if spouses share in each other’s retirement or pension plan, a Qualified Domestic Relations Order must be completed. A QDRO is a written set of instructions that explains to a plan administrator that two parties are dividing pension benefits. The instructions set forth the terms and conditions of the distribution - how much of the benefits are to be paid to each party, when such benefits can be paid, and how such benefits should be paid.
Nevada District Courts:
The court locations below are provided for informational purposes only. We do our very best to keep this information current and accurate, but courthouse locations do change.
Carson City County District Court,
85 E. Musser St., Carson City, NV 89701
Churchill County District Court,
73 N. Main St., Fallon, NV 89406
Clark County District Court,
Family Courts and Services Center, 601 N. Pecos Rd., Las Vegas NV 89101
Douglas County District Court,
1625 8th St., P.O. Box 218, Minden, NV 89423
Elko County District Court,
571 Idaho St., Elko, NV 89801
Esmeralda County Fifth District Court,
P.O. Box 547, Goldfield, NV 89013
Eureka County District Court,
P.O. Box 677, Eureka, NV 89316
Humboldt County District Court,
50 W. 5th St., #207, Winnemucca, NV 89445
Lander County District Court,
315 S. Humboldt St., Battle Mountain, NV 89820
Lincoln County District Court,
P.O. Box 90, Pioche, NV 89043
Lyon County District Court,
31 S. Main St., Yerington, NV 89447
Mineral County District Court,
P.O. Box 1450, Hawthorne, NV 89415
Nye County District Court - Department 1,
101 Radar Rd., P.O. Box 393, Tonopah, NV 89049
Nye County District Court - Department 2,
1520 E. Basin Ave., #105, Pahrump, NV 89060
Pershing County District Court,
P.O. Box 820, Lovelock, NV 89419
Storey County District Court,
26 S. B St., Drawer D, Virginia City, NV 89440
Washoe County Second Judicial District Court - General Jurisdiction,
75 Court St, Reno NV 89501
Washoe County Second Judicial District Court - Family Division,
1 S. Sierra St., Reno, NV 89501
White Pine District Court #1,
White Pine County Court House, P.O. Box 151597, Ely, NV 89315
White Pine District Court #2,
White Pine County Court House, P.O. Box 151629, Ely, NV 89315
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