Walles v. Walles: Paying Support Arrears Through a QDRO

In Walles v. Walles, 295 N.J. Super. 498 (App. Div. 1996) the Appellate Division clarified that the entry of a Qualified Domestic Relations Order (“QDRO”) could be utilized as an enforcement mechanism to invade an obligors retirement savings to satisfy child support and alimony arrears. Id. at 515-16.

 In Walles, the obligor has accumulated significant child support, as well as alimony arrears and multiple enforcement orders were entered compelling the obligor to satisfy the arrears. After multiple enforcement orders, the trial court issued an order allowing for the entry of a QDRO to invade the funds in the obligor’s vested pension to satisfy the arrears. 

The obligor appealed the trial court’s decision and cited the case of  D’Oro v. D’Oro, 193 N.J. Super. 385 (App. Div. 1984).  The obligor argued that pursuant to D’Oro his pension could not be considered income by the trial court because it was divided as part of equitable distribution and thus could not be invaded to satisfy his arrears. 

The Appellate Division distinguished Walles from D’Oro and clarified that although assets divided in equitable distribution cannot be utilized for income purposes when calculating an initial support obligation, for enforcement purposes, any known and available asset or loan can be utilized to satisfy support arrears. 

For questions regarding alimony arrears, QDROs or any other family law related issue, please contact the attorneys of Ulrichsen Rosen & Freed LLC. Our firm is focused exclusively on the practice of family law and serves clients throughout New Jersey including clients residing in Mercer County, Somerset County, Hunterdon County, Burlington County and Middlesex County.The attorneys at Ulrichsen Rosen & Freed LLC.