Can any lawyer draft a QDRO or QILDRO?
Yes, just as any lawyer can represent a client in Tax Court. You just have to understand the Tax Code and keep up with current developments. Preparing QDROs is a subset of Family Law that is particularly suited to a primary concentration in itself. Most Family Law attorneys simply do not have the time to devote to master this considerable body of law. In addition, the specific requirements demanded by various private and public Plan Administrators widely vary. QQLS will take the time to sort out each Plan Administrator’s specific demands. Plan Administrators may not accept an improperly formatted Order; thus it is imperative that the attorney drafting the Order comply with all the conditions set out by the Plan Administrator. If a circuit court QDRO is entered that is not approved by the Plan Administrator the circuit court QDRO is of no force and effect.
