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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

It seems there is no longer a statute of limitations on entering a Qualified Domestic Relations Order (QDRO). In <a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20170711_C329993_48_329993.OPN.PDF" target="_blank" rel="noopener"><em>Joughin v. Joughin, </em>No. 329993</a>, the defendant ex-husband attempted to appeal an order entering a QDRO that would entitle his ex-wife to $23,823 from his Iron Workers Local #55 Profit Sharing Annuity Plan and Trust, arguing that 10-year statute of limitations bars the entry of that order given the fact that the divorce judgment was finalized almost 12 years prior. The majority of the Court of Appeals panel stated that the entering of a QDRO as part of a divorce judgment is considered a “ministerial” task, not a non-contractual money obligation, which carries the 10 year statute of limitations. This allowed the plaintiff to file the order and receive payment.

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The <a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20170711_C329993_49_329993D.OPN.PDF" target="_blank" rel="noopener">dissent</a> argued that the claim should be time barred based on a similar case, <em>Larimore v Larimore</em>, 52 Kan App 2d 31 (Kan. App, 2015), decided by the Kansas Court of Appeals.

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COA:  There is no statute of limitations for filing a Qualified Domestic Relations Order

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COA: There is no statute of limitations for filing a Qualified Domestic Relations Order

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