Category Archives: QDRO

Voted One of New Orleans’ Best

I am thrilled to announce that I will appear in the November edition of New Orleans Magazine, listed among the top family attorneys in New Orleans.  This list was compiled with suggestions from members of the legal community, and so I am particularly happy to know I am becoming a respected practitioner in my chosen field.

Still, as much as those accolades mean, I can’t grow my practice without my clients.  If you have a family law need to discuss with me, please call at (504) 581-4334, or reach out  to me at liz@menerayfamilylaw.com.

Open for Business Monday, January 20!

I’ve been getting a lot of calls today from folks looking to take advantage of their Martin Luther King, Jr. holiday to take care of their legal business.  As a small business owner, it’s important to me to be available when my clients need me. Therefore, I will be open on Monday for consultations.  Give me a call at (504) 330-5522 or (504) 322-3222, or send me an e-mail at liz@menerayfamilylaw.com to set up a time to discuss your legal needs.  Call today!  My calendar is filling up!

2013 – The Year in Review

It had its ups and downs, but 2013 wasn’t a bad year, all in all.  Personally and professionally I’d say 2013 offered many challenges and opportunities to grow. 

  • City Business “Women of the Year”

I was included among the 50 women honored by New Orleans City Business in their annual Women of the Year issue for my contributions to the New Orleans community through Meneray Family Law, L.L.C., through work with organizations like Hagar’s House, a shelter for women and children transitioning from domestic violence, and for the radio show I do every Sunday as a volunteer for the community radio station, WWOZ, 90.7 FM.

  • Mediation Certification

In December, I completed a 40 hour course of training to become a certified family law mediator.  The training was intensive, but very rewarding.  I am looking forward to working with families seeking to work out problems without court intervention.  Look for future posts regarding Meneray Family Mediation, L.L.C., and a new website which will offer information about mediation services.

  • Interstate Custody Practice

Interestingly, I worked a great deal in 2013 with custody matters involving courts in different states.  I gained new knowledge of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), which is the law that applies when parents in different states have conflicts about where the child should live.  It’s a fascinating area of practice, and I hope to work with many more clients in this area of the law.

  • 2014 – Upward and Onward!

I have high hopes for the new year, and look forward to working with new families.  Please remember Meneray Family Law, L.L.C. to your friends and family with questions about divorce, child custody and support, spousal support or property distribution/community property concerns.  Please also remember the soon to be formed Meneray Family Mediation, L.L.C. to your friends and family looking to find a solution to problems outside of court with the help of a certified family law mediator.

I continue to be reached on my website:  www.menerayfamilylaw.com, by e-mail at liz@menerayfamilylaw.com and by phone at (504) 330-5522 or (504) 322-3222.  I look forward to speaking with you soon.  Have a wonderful 2014!

What is a QDRO and Why Would I Need One?

If your spouse had a retirement account during your marriage, you may be entitled to a portion of it if the two of you have a community property regime.  There are two steps to cashing out your marital portion of a retirement account.  First, there’s a community property partition, followed by a QDRO (pronounced quad-row) procedure.

How do you know if you have a Community Property Regime?

In Louisiana, all married persons start out in what’s called the community of acquets and gains, or community property for short.  Community property is all of the assets and debts you and your spouse acquire during the course of your marriage.  If you and your spouse want to hold certain property or debt separately, then you have to specifically contract to do that, through a pre-marital agreement or a declaration of paraphernality/separation of property agreement.  If you and your spouse have never signed any document that would make certain property or all property acquired during the marriage separate property, then you have a community property regime.

What Happens to Community Property Once Spouses Divorce?

Divorce ends the community property regime.  However, each spouse retains an ownership interest in the community property.  The way that ownership interest is determined and divided is a legal proceeding called a community property partition.  In this process all of the assets and debts of the couple are listed out, and values assigned.  The parties, either by agreement or with the help of the court, are given ownership and responsibility for all of the assets and debts, in as fair a manner as possible.

What Happens After the Partition of Community Property?

The court will issue a judgment of partition, stating each spouse’s rights and obligations to all of the assets and liabilities of the community.  The community regime is over for the items of property and debt that have been divided.

Where Does the QDRO Process Come In?

Once a spouse has been determined to have an interest in a retirement account of the other spouse, the QDRO procedure is begun to eventually direct the holder of the retirement plan to send payments from the account to the appropriate spouse.  This is done through a Qualified Domestic Relations Order, or QDRO.  Each company has its own set of procedures for processing requests for distributions from employee retirement accounts, and that procedure results in the court granting an order, which is approved, or qualified, by the company.  Once the QDRO is approved, the company will accept the order and begin their internal process to distribute the funds.

Can Meneray Family Law, L.L.C. Handle my Community Property Partition and QDRO Proceedings?

Absolutely.  An unsettled community is a very uncomfortable thing for my clients.  They feel that they have this unfinished business, those loose ends of their marriage that they want to deal with.  And in the case of a QDRO, many clients worry about getting their portion of a retirement account and want to make certain that process is completed as soon as possible.  Call Liz today at (504) 330-5522 or send her an e-mail at liz@menerayfamilylaw, to make an appointment.