Collecting from pensions

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Posts: 21
Joined: Thu Mar 01, 2018 11:54 pm

Collecting from pensions

Post by alunalopez » Fri Mar 02, 2018 12:09 am

Can I be awarded attorneys fees from one of the parties’ pensions in a case?

Posts: 40
Joined: Sun Feb 25, 2018 10:53 pm

Re: attorneys fees

Post by lnixon » Fri Mar 02, 2018 12:41 am

Under ERISA benefits can only be paid to an alternate payee for marital property or support. An alternate payee is the spouse, former spouse, child or dependent of a participant. We know that at least in one 9th Circuit case the court found almost in passing that attorney fees related to at least support are allowed in QDRO. Trustees of The Directors Guild of America-Producer Pension Benefits Plans v. Tise (9 Cir 2000) 234 F.3d 415

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