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BlogsPublications | July 19, 2017
1 minute read

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

It seems there is no longer a statute of limitations on entering a Qualified Domestic Relations Order (QDRO). In Joughin v. Joughin, No. 329993, 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.

The dissent argued that the claim should be time barred based on a similar case, Larimore v Larimore, 52 Kan App 2d 31 (Kan. App, 2015), decided by the Kansas Court of Appeals.