Even before ERISA was amended to provide for QDROs, a consensus coalesced that a pension could be attached to enforce spousal and child support. The House Education and Labor Committee report stated that ERISA was not a barrier to recovery of alimony, child support and property settlements, but amendments were needed to the 1984 Retirement Equity Act (REA) to clarify the specific requirements. The amendments themselves define a domestic relations order as “any judgment, decree, or order (including approval of a property settlement agreement) which: (i) relates to the provision of child support, alimony payments, or marital property rights to a spouse, child, or other dependent of a participant, and (ii) is made pursuant to a State domestic relations law (including a community property law).” Furthermore, §414(p)(8) defines "alternate payee" under a QDRO as “any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such participant.”

If a QDRO is properly entered by the court and submitted to the employer (or former employer), there is nothing that the delinquent parent can do to stop payment. “Quitting a job, moving out of state, declaring bankruptcy - none defeat the QDRO,” writes Emily McBurney, a qualified domestic relations order expert. At the same time, however, QDROs can also help someone who does not intend to avoid paying support, but has fallen on hard times and simply does not have the money to make support payments. Delinquent parents who sincerely want to pay what they owe but who cannot otherwise touch retirement funds can turn to a child support QDRO for the arrearage. A child support QDRO not only keeps them out of court and stops the late payment penalties from multiplying, but it can provide their children with the money awarded for their care. Frequently, individuals delinquent on their child support and maintenance payments cannot easily liquidate other assets, but they may have retirement plan balances or benefits accessible through a QDRO. For these reasons, family law attorneys should consider requesting QDROs to gain payment of these obligations to their clients.

In some circumstances QDROs can even be used for support payments before there is an arrearage. They can be set up as the mechanism by which support is paid going forward. A defined contribution plan can be used for future child support payments, but one needs to determine an actuarial present value for the payments, and then request a distribution of that value. A retirement plan cannot impose a limit on the number of QDROs that can be submitted, so one could file a new QDRO every time the payer gets behind on child support payments.