Legal Documents FAQs
This document addresses Frequently Asked Questions regarding Legal Documents.
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Reference: ERISA § 206(d)(3)(B)(i); IRC § 414(p)(1)(A)
- The name and last known mailing address of the participant and each alternate payee
- The name of each pension plan to which the order applies
- The dollar amount or percentage (or the method of determining the amount or percentage) of the benefit to be paid to the alternate payee.
- The number of payments or time period to which the order applies
The order must satisfy the requirements described above to be a QDRO.
Reference: See generally ERISA § 206(d)(3)(B); IRC § 414(p)(1)
Reference: ERISA § 206(d)(3)(B); IRC § 414(p)(1); Advisory Opinion 90-46A; see Egelhoff v. Egelhoff 121 S. Ct. 1322, 149 L. Ed. 2d 264 (2001); see Boggs v. Boggs, No. 97-79 (S. Ct. June 2, 1997), see Boggs v. Boggs, 520 U.S. 833, 117 S. Ct. 1754 (1997)
Reference: ERISA §§ 206(d)(3)(G)(i) and (ii), 404(a), 502(a)(3), 502(e), 514; IRC § 414(p)(6)(A)(ii)
Once we receive the QDRO, our legal section will review the order and inform the participants whether it is approved.
Reference: American Bar Association
https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/power-of-attorney/
Included in a Guardianship Order is a Custody Order. Therefore, a Guardian has the same legal authority to care for the child as a parent would. However, unlike a parent, the Guardian cannot be held liable by a third party for something the child has done wrong simply because he/she is the guardian. Additionally, the Court also has the right to limit any of the powers and duties granted to a Guardian.
Reference: Delaware Courts - Family Court
https://courts.delaware.gov/family/guardianship/
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Frequently Asked Questions