A7, A7-11812

Magdalina Kalincheva M.D.  W VINE ST, STOCKTON CA, case 244725, A7, AFFIDAVIT 7  

OTHER ORDERS - CONTINUED, REQUESTS FOR: 1. A CONTINUANCE; 2. A NEW TRIAL; 3. MY STOLEN HOUSE DEED TO ME NOW & HOUSE CONDITION; 4. FINANCIAL AID: REFUNDS or CURRENT EXPENSES; 5. RETIREMENT PLANS. 6. QDRO.  

1. REQUEST FOR A CONTINUANCE: - UNTIL I GET FINANCIAL AID - SEE 4; - UNTIL ALL PAPERS ALL DOCUMENTS ARE CONSIDERED: THE FACT THAT I CANNOT BE SHOULD NEVER BE ON WELFARE OR PUBLIC ASSISTANCE OF ANY KIND WHEN HE DECLARED INCOME OVER $250000 TO EVERYBODY AND CAN AFFORD TO MAKE ME INDEPENDENT FROM 1991-1992 LIKE MEL GIBSON-OKSANA CASE, MY STOLEN LIFE 20 YEARS LIKE JAYCEE DUGARD’S CASE. MEL GIBSON AND OKSANA WERE NEVER MARRIED. TO CONSIDER: THAT THERE IS NO OTHER HELP FOR ME, NO OTHER OPTIONS FOR ME LIKE THE LOCAL WOMEN HAVE - SEE BELOW. AND TO APPLY THE COMMON LAWS LIKE MEL GIBSON AND OKSANA CASE, AND STOLEN LIFE LIKE JAYCEE DUGARD CASE. FILED WERE SEVEN AFFIDAVITS, ATTACHEMENTS, DOCUMENTS, PROOFS. OTHER ORDERS WERE REQUESTED WITH  THE RESTRAINING ORDER, BUT IS MARKED “NOT REQUESTED” WHICH IS NOT TRUE. I ASK THE COURT FOR A CONTINUANCE OF THE “ORDER TO SHOW CAUSE” HEARINGS - UNTIL ALL FILED PAPERS DOCUMENTS AND REQUESTED ORDERS ARE COVERED CONSIDERED WITH JESSE ATTENDING ON DIFFERENT DATES TO SCHEDULE AS MANY HEARING DATES AS NEEDED TO COVER ALL FILED DOCUMENTS ISSUES POINTS. JESSE TO BE SERVED AND TO BE REQUIRED TO ATTEND. ON “ORDER TO SHOW CAUSE” LISTED ARE ALL 7 SEVEN AFFIDAVITS AND DOCUMENTS FILED UP TO DATE TO HAVE CONTINUING HEARINGS WITH HIM ATTENDING - IT IS IMPOSSIBLE IF HE IS NOT ATTENDING BECAUSE WE DO NOT COMMUNICATE. - AND IF NEED TO GO TO SACRAMENTO I ASK FOR A CONTINUANCE - UNTIL I GET AN ATTORNEY, CAR, DRIVER TO BE POSSIBLE TO GO, UNTIL IT IS POSSIBLE TO GO TO SACRAMENTO. WHAT WAS NOT SERVED TO JESSE AND FUTURE FILLINGS WILL BE SERVED AFTER I RECEIVE FINANCIAL AID FROM HIM TO BE POSSIBLE TO MAIL THE SHERIFF TO SERVE HIM. THE UNJUST AND THE WRONG DONE TO ME FOR 21 YEARS NOW CANNOT BE FIXED, CANNOT BE UNDONE, CANNOT BE MADE JUST, CANNOT BE COVERED CONSIDERED IN ONLY TWO HEARING DATES.  

2. REQUEST FOR A NEW TRIAL - FRAUD, GRAND THEFTS AND MURDER SETUP FROM 1992: BECAUSE THEY DID NOT ALLOW ME TO ATTEND ANY HEARING, DID NOT ALLOW ME TO PARTICIPATE AT ALL IN THE “DIVORCE” FROM 1992, NOTHING WAS NEGOTIATED WITH ME, NOTHING FINANCIAL, NOTHING ABOUT PROPERTY, NOTHING ABOUT CAR, DIVISION OF PROPERTY NEVER HAPPENED, THERE WAS NO TRIAL NO “DIVORCE” FOR ME IN 1992. I WANTED TO ATTEND HEARINGS, I COULD MARK YES OR NO, BUT THEY DID NOT ALLOWED ME TO ATTEND AND TO PARTICIPATE AT ALL. NEVER NOTIFIED ME WHEN AND WHERE THESE HEARINGS WERE. I DID NOT KNOW WHERE THE COURT IS. I HAD NO CAR AND COULD NOT DO ANYTHING FROM THE RENTAL. WHAT THEY HAD AND DID WITHOUT ME AND BEHIND MY BACK IN 1992 AS A RESULT IS MANIFESTLY UNJUST AND FRAUD. SUBMITTED DOCUMENTS: TAX RETURNS, ORIGINAL LETTERS, ORIGINAL MESSAGES, AND OTHER ARE PROOFS. I WAS UNABLE TO SUBMIT THESE IN 1992, HAD NO COMPUTER OR COPIER, NO PRINTER, NOBODY ASKED ME TO SUBMIT THEM, NOTHING WAS NEGOTIATED WITH ME, THESE PROOFS WERE NOT USED AND WERE NOT CONSIDERED IN 1992. I WAS SET UP AND FORCED TO RENT AND VERY EXPENSIVE OVER $1000/MO IN THEIR INTEREST ONLY TO STEAL MY CASH SETTLEMENT AND TO MURDER ME AFTER IT. THEY KNEW I WILL LIVE HERE AND CANNOT WORK AS A DOCTOR HERE - I HAD TO OWN REAL ESTATE, CAR, AND INCOME SOURCES FROM 1991. BUT THEY NEVER CREATED INCOME SOURCE FOR ME TO BE ABLE TO LIVE HERE PERMANENTLY AND TO HAVE A NORMAL LIFE=STOLEN LIFE. AND I COULD NOT DO ANYTHING ABOUT IT - STOLEN LIFE AND STOLEN FUTURE LIKE JAYCEE DUGARD’S CASE. EVERYTHING WAS STOLEN FROM ME, AGAINST MY INTEREST AND WILL MANIFESTLY UNJUST THEREFORE IS ILLEGAL, VIOLATING ALL LAWS. I WAS BOTH: SCARED AND WORRYING DEATH EVERY SECOND OF THESE 20 YEARS. JESSE DELIBERATELY MADE THIS HELL & HORROR FOR ME: STOLE EVERYTHING FROM ME, BURNED ALL MY MONEY & PAINTINGS ON WRONGFUL RENTING FOR NO REASON WHILE FAMILY’S DOMICILE HOUSE WAS EMPTY AND HE COULD EASY MAKE ME INDEPENDENT AS HE WAS SINGLE MAKING OVER $250000 - HE CAN AFFORD AND FROM 1991. HE WANTED ME TO WORRY AND TO FEAR FOR HIS SADISTIC GRATIFICATION LIKE CHARLES MANSON - IT IS PART OF HIS TORTURES FOR ME: HOMELESS AND UNEMPLOYED TO BURN MY SETTLEMENT ON RENTING WHICH WAS NEVER AN OPTION FOR ME AFTER HE STOLE MY DEEDS AND EVERYTHING FROM ME. NOW AGAIN JESSE KNOWS THAT ANY “REMOVAL” FROM FAMILY’S DOMICILE HOUSE WHICH IS RIGHTFULLY MINE IS MURDER AND GRAND THEFTS FOR ME AGAIN, STOLE MY LIFE AND MY FURTURE AGAIN BY DESTROYING/DAMAGING/STEALING ALL MY PROPERTY MORE PAINTINGS WERE STOLEN NOW AGAIN AND INJURING ME BADLY - I WANT PERMANENT RESTRAINING ORDERS, BECAUSE HE WILL NOT STOP AFTER THE HEARINGS STOP AND I DO NOT HAVE THE PROTECTION OF A BIG EMPLOYER LIKE DAMERON HOSPITAL THE NURSE HAD. I DO NOT HAVE THE FINANCIAL INDEPENDENCE AND THE PROTECTION OF A BIG FAMILY AND RELATIVES THE NURSE HAD: WELL PAID JOB, HANDSOME HUSBAND, FOUR CHILDREN, MANY RELATIVES, MANY OPTIONS SHE HAD. PROOF: BEFORE ME HE WAS FIRED FOR THE SAME FROM DAMERON HOSPITAL. BUT I CANNOT COMPARE WITH THE NURSE, BARBARA AND PARENTS WHO WERE ALL FINANCIALLY INDEPENDENT AND PROTECTED BY THEIR BIG FAMILIES, HAD MANY OPTIONS. THROUGH THE YEARS JESSE WAS ALWAYS SEARCHING TO SEE WHAT HAPPENED TO HER, NEVER TOLD HIS CURRENT WIFE ABOUT THE NURSE BEFORE ME. SEEKING $500000000 FOR MURDER ATTEMPTS AFTER 20 YEARS STOLEN LIFE, PERSONAL INJURY, PROPERTY DAMAGE AGAIN DURING NOVEMBER 8-9, 2011 ARRESTS. THEREFORE I REQUEST A NEW TRIAL NOW. AND JESSE TO BE ORDERED TO PAY ALL EXPENSES FOR IT: TO REFUND ME OFFICE SUPPLIES AND POSTAGE, TO PAY FOR THE REST OF THE NEW TRIAL - SEE 4., AND A6, POSTAGE, OFFICE SUPPLIES INCLUDING NEW COMPUTER, CLEANING SUPPLIES FOR THE HOUSE, GASOLINE, AND TO MAKE POSSIBLE GOING TO SACRAMENTO - SEE A6. I SUBMITTED NEW EVIDENCE PROOFS DOCUMENTS WHICH WERE NOT USED AT ALL IN 1992, BUT MUST BE USED IN THE NEW TRIAL. I CANNOT BE SHOULD NEVER BE HOMELESS, NO CAR OR ON WELFARE WHICH IS MURDER & GRAND THEFTS WHEN HE WAS MAKING AND DECLARED INCOME OVER $250000 TO EVERYBODY WHEN HE CAN AFFORD I TO OWN REAL ESTATE CAR AND INCOME SOURCES FROM 1991 - SEE TAX RETURNS. ALSO, HIS ORIGINAL MESSAGES AT MY HOME: I NOT TO WORK IF I MARRY HIM, MUST BE CONSIDERED. I CAME FOR A FAMILY AND TO HAVE CHILDREN FIRST, WAS NOT PREPARED TO WORK AND HIS INTENT WAS I NOT TO WORK IF I MARRY HIM. I RELIED ON ALL THESE FACTS TO BE CONSIDERED TO BE SAFE IF DIVORCED. I NEVER EXPECTED AND DID NOT COME TO BE HOMELESS, NO CAR, OR ON WELFARE. DECLARED INCOME OVER $250000 TO AMERICAN EMBASSY AND US GOV INS MUST BE USED IN CALCULATIONS, NOT A LOWER NUMBER. BECAUSE I MUST BE SAFE AND AMERICAN EMABASSY, US GOV INS ARE GUARANTORS FOR IT, HE HAD “LOTS OF MONEY IN THE BANK” - SEE HIS ORIGINAL LETTER 1991, HE CAN AFFORD TO MAKE ME FINANCIALLY INDEPENDENT I TO OWN REAL ESTATE AND INCOME SOURCES AND FROM 1991. WHAT WAS STOLEN FROM ME IN 1992, AND MY STOLEN LIFE 20 YEARS MUST BE REFUNDED TO ME NOW.  

I HAD AN ATTORNEY BUT I THINK IT WAS BETTER IF I DID NOT HAVE BECAUSE HE DID NOT ACT IN MY INTEREST: WE DID NOT TALK ABOUT FINANCIAL, CAR, PENSIONS, OR PROPERTY ISSUES WHICH WERE CRUCIAL TO TALK AND TO DO IN 1992 AND WAS THE REASON THAT I HIRED HIM. HE ASKED ME WHETHER TO PLACE RESTRAINING ORDERS. I TOLD HIM HE TO CHOOSE. AND HE CHOOSED TO PLACE RESTRAINING ORDERS.  

I HAD TO BUY TO OWN A DUPLEX LIKE 1814 CONCORD AVE IN 1992 TO HAVE BOTH HOME AND RENTAL INCOME AND A NORMAL LIFE. BUT THE BIGGER PART OF MY CASH SETTLEMENT WAS STOLEN=NEVER PAID TO ME. IT WAS IMPOSSIBLE I TO BUY REAL ESTATE OR TO DO ANYTHING WITHOUT A CAR, HOME, INCOME AS A RESULT OF EVERYTHING STOLEN FROM ME IN 1992, MY LIFE AND MY FUTURE WAS STOLEN LIKE JAYCEE DUGARD’S CASE.  

JESSE WANTS TO BE SERVED BY A NEW PROCESS IN PERSON - HE TOLD ME NOVEMBER 25, 2011 WHEN HE OFFERED ME THE STOLEN HOUSE DEED. BUT I CANNOT AFFORD TO PAY POSTAGE TO MAIL IT TO SHERIFF, CANNOT AFFORD TO PAY ANYTHING ELSE WITHOUT FINANCIAL AID FIRST. AND HOW TO FILE A NEW PROCESS? TO BE CONTINUED…  

3. REQUEST FOR MY STOLEN HOUSE DEED TO ME NOW & HOUSE CONDITION - TO ORDER JESSE TO MAIL ME MY STOLEN HOUSE DEED WHICH IS RIGHTFULLY MINE FROM OUR MARRIAGE NOW - SEE A6 POINT 1. TO CONSIDER THE CONDITION OF THE HOUSE - FOR DEMOLITION: BUILT IN THE TWENTIES INFESTED WITH TERMITES I AM BATTLING VERY HARD OVER TEN YEARS NOW - THEY WERE HERE IN 1999. JESSE CAN CONFIRM: THERE WERE AND ARE LARGE HOLES ON THE WOODEN FLOOR WHICH I FILLED WITH CAULC. TERMITES NEVER LEFT THE OLD WOOD, STILL COME OFTEN UNDER THE SINK, AROUND THE WINDOWS WOODEN CRACKS, EATING THE CAULC WHICH WAS FROM FLOUR, INSIDE THE HOUSE. I NEED CLEANING SUPPLIES TO DESINFECT THE HOUSE - TO ORDER JESSE TO PAY FOR IT. LARGE RATS LIVING IN THE WALLS EATING THE METAL PARTS FOR 8 YEARS NOW. JESSE WILL CONFIRM OUR WATER HEATHER WAS BROKEN FOR TWO YEARS, TWO YEARS AGO. I CANNOT SLEEP AT NIGHT FROM THE GREAT NOISE THEY MAKE EATING THE METAL PIPES IN THE WALLS, SCARED THAT THEY WILL COME INSIDE, BIGGER THAN SMOKEY MY CAT. I THINK THEY KILLED MY CAT. BOTH PORCHES WERE INFESTED WITH TERMITES AND BROKEN. SO JESSE REPLACED THEM BOTH 5-6 YEARS AGO. BUT DID NOT REPLACE THE OLD WOOD FENCE. TERMITES WILL NEVER LEAVE THE OLD WOOD HOUSE - i CAN SHOW YOU THE LARGE HOLES ON THE FLOOR FILLED WITH CAULC. THEY WERE OPENINGS TO THE BASEMENT. ALSO, IT WAS INFESTED WITH LARGE COCROACHES BITTING ME AT NIGHT, SUCKING MY BLOOD AT NIGHT, COVERING THE WOODEN WALLS AT NIGHT FROM THE BEGINNING 1991 WHEN I CAME HERE. I WAS SO SCARED FROM THEM. BUT JESSE LIKED THEM TO BITE ME AND TO SUCK MY BLOOD FOR HIS SADISTIC GRATIFICATION. JESSE WAS PLACING THEM IN MY BED - A VERY LARGE COCROACH TO SUCK MY BLOOD AND WHILE WE WERE MARRIED. JESSE WAS BRINGING THEM FROM BAKERSFIELD IN MY ROOM HERE - THEY WERE PART OF HIS TORTURES FOR ME ALONG WITH BURNING MY MONEY ON RENTING AGAINST MY INTEREST AND WILL I TO WORRY DEAD EVERY SECOND OF IT. IT IS VERY HARD TO LIVE IN THIS HOUSE. IT IS FOR DEMOLITION AND FROM 1999, OR EVEN FROM 1991 WHEN COCROACHES WERE BITING ME AND SUCKING MY BLOOD. ONLY MATERIALS HE BOUGHT FOR THE TWO PORCHES HE REPLACED ARE WORTH PART OF THEIR VALUE - IT WAS 5-6 YEARS AGO. THE REST OF THE HOUSE IS JUNK, WORTHLESS, INFESTED TRASH. JESSE KNOWS BUT “HIS FAMILY” DOES NOT KNOW THIS CONDITION OF THE HOUSE, OR DOES NOT WANT TO KNOW - PLEASE TELL THEM NOW. JESSE IS NOT TELLING THEM “HIS FAMILY” ABOUT THIS CONDITION FOR DEMOLITION INFESTED WITH TEMITES 14 YEARS NOW, RATS 8 YEARS NOW, COCROACHES 19 YEARS. I HAVE TO BUY NEW HOUSE AND A DUPLEX FOR RENTAL INCOME. I saw on TV “Tiger Woods’ ex-wife demolished $12.3 million mansion” FOR THE SAME REASON - IT WAS OLD AND INFESTED WITH TERMITES.  

THE HOUSE IS NOT WORTH IT. AND I MUST BE SAFE IF DIVORCED, NOT SETUP TO DIE OR BE MURDERED WHEN THE MONEY FINISH LIKE THEY DID TO ME IN 1992 - I WAS A SET UP IN THEIR INTEREST ONLY, AGAINST MY INTEREST AND WILL. I HAD TO OWN REAL ESTATE, CAR AND INCOME SOURCES AND FROM 1991 TO BE SAFE. JESSE STOLE THE DEEDS AND EVERYTHING FROM ME WHICH IS MANIFESTLY UNJUST, STOLE MY LIFE AND MY FUTURE AGAIN NOW. HE DID NOT WANT ME TO WORK IF I MARRY HIM. I WAS WRONGFULLY AND UNJUSTLY NEVER HIRED. THERE IS NO TIME NOW I TO WORK FULL TIME AFTER 20 YEARS WERE STOLEN FROM MY LIFE. THE FIRST JOB FOR THE WOMEN IS TO HAVE CHILDREN FIRST, THEN WORK. WHERE ARE MY CHILDREN AND GRANDCHILDREN? I WILL NEVER GIVE UP HAVING CHILDREN OF MY OWN NO MATTER WHAT. EVERYBODY ELSE HAD CHILDREN AND GRANDCHILDREN FIRST. UNTIL I OWN A NEW HOUSE CAR AND A DUPLEX TO RECEIVE RENTAL INCOME I AM UNABLE TO MOVE.   

4. REQUEST FOR FINANCIAL AID - USING LAST PENNIES TO MAIL THIS TO SHERIFF TO SERVE HIM, TO NOTIFY EVERYBODY. TO ORDER JESSE TO REFUND ME PART OF EVERYTHING HE CAUSED TO BE STOLEN FROM ME BY RENTING AND FRAUD FOR 20 YEARS NOW DESCRIBED BEFORE ALL MY CASH SETTLEMENT AND PAINTINGS, MY ASSETS FROM BILLING, AND TO PAY ME FOR CURRENT EXPENSES I CANNOT AFFORD TO PAY ANYTHING AND WAS WAITING HELP SUCH AS POSTAGE, OFFICE  SUPPLIES, CLEANING SUPPLY FOR THE HOUSE, TO REFUND ME $85 NOW I ALREADY SPENT ON THESE AND WILL BRING THE RECEIPTS IN COURT: $70.19 I PAID FOR A NEW TONER FOR THE PRINTER, $3.25 FOR PAPER, $2.47 LIQUID PAPER, THE REMAINING WAS FOR POSTAGE TO BOTH JESSE AND THE SHERIFF. TO REFUND ME NOW $200 TO REPLACE THE CAMERA I NEED EVERY DAY AFTER HE STOLE THE TRANSFER CORD AND I CANNOT USE IT. I WAS WAITING HELP FOR THESE CURRENT EXPENSES AND DID NOT EXPECT TO BE ATTACKED, INJURED BADLY AND MURDERED FOR THESE AFTER JESSE CAUSED AND DELIBERATELY DID THROUGH THE YEARS I TO BE FINANCIALLY BROKE FOR HIS SADISTIC GRATIFICATION. I WANT PERMANENT RESTRAINING ORDERS. I CANNOT AFFORD TO MAIL HIM OR THE SHERIFF TO SERVE HIM NOW ALL FILED PAPERS AND MORE WILL BE FILED - I ASK FOR A CONTINUANCE UNTIL I RECEIVE FIANANCIAL AID FROM JESSE: TO ORDER JESSE TO REFUND ME AND TO PAY FOR FUTURE COST OF THE TRIAL: FOR POSTAGE, LONG DISTANCE PHONE, OFFICE SUPPLIES - SEE A6 AND BELOW, CLEANING FOR THE HOUSE, GASOLINE FOR CAR. IN ADDITION, I HAVE BEEN WAITING TO RECEIVE STOCK SETTLEMENT REFUND FOR OVER 5 FIVE YEARS NOW. SETTLEMENT WAS ORDERED TO BE PAID IN 2010, I SENT ALL DOCUMENTS IN OCTOBER 2010, STILL WAITING PROCESSING 1.5 YEARS NOW. PLEASE CHECK WHAT HAPPENED TO IT.  

5. RETIREMENT PLANS FOR ME - I REQUEST PART OF JESSE’S RETIREMENT PLANS AND SOCIAL SECURITY BENEFITS OR CREDITS TO BE TRANSFERED TO ME BECAUSE: HE IMPORTED ME NOT TO WORK IF I MARRY HIM. I HAD PROFESSIONS POST-GRADUATE & COLLEGES DEGREES BUT WAS WRONGFULLY AND UNJUSTLY NEVER HIRED FOR 21 YEARS STOLEN LIFE NOW. THEY UNJUSTLY NEVER CREATED INCOME SOURCE FOR ME IN 1992 “DIVORCE” BUT CREATED A LARGE RENTAL EXPENSE IN THEIR INTEREST ONLY WHICH WAS FRAUD AND A MURDER SETUP FOR ME. THERE IS NO TIME I TO WORK FULL TIME NOW AFTER 20 YEARS STOLEN LIFE, I MUST BE SAFE, I AM NEAR RETIREMENT, NEED RETIREMENT FOR THESE 20 YEARS STOLEN LIFE. THERE IS NO OTHER HELP FOR ME, NO OTHER OPTIONS EITHER. JESSE HAS PAID TOO MANY CREDITS SOCIAL SECURITY PER YEAR BUT DOES NOT NEED ALL SOCIAL SECURITY CREDITS PER YEAR - ONLY 4 FOUR OF HIS MANY SOCIAL SECURITY CREDITS HE PAID PER YEAR ARE COUNTED FOR HIM. PART OF THESE CREDITS HE DOES NOT NEED PER YEAR MORE THAN FOUR TO BE TRANSFERED TO ME EACH YEAR I TO BE ELIGIBLE TO RECEIVE SOCIAL SECURITY BENEFITS. HE IMPORTED ME NOT TO WORK IF I MARY HIM AND HE HAD NO GROUNDS NO REASON FOR DIVORCE. I ASK THE COURT TO ORDER THESE EXTRA CREDITS PER YEAR JESSE PAID SOCIAL SECURITY TO BE TRANSFERRED TO ME FOR 2011, 2010, 2009 AND FOR 20 YEARS BACK, AS MANY PREVIOUS YEARS BACK AS POSSIBLE.  

6. REQUEST FOR QDRO -http://www.dol.gov/ebsa/publications/wyskapr.html#chapter9, http://www.dol.gov/ebsa/publications/qdros.html “While the division of marital property generally is governed by state domestic relations law, any assignments of retirement interests must also comply with Federal law, namely the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 (the Code). Under ERISA and the Code, retirement interests may be assigned only if the judgment, decree, or order creating or recognizing a spouse’s, former spouse’s, child’s, or other dependent’s interest in an individual’s retirement benefits constitutes a “qualified domestic relations order” or “QDRO.”“Chapter 3 focuses on issues to be considered in drafting a QDRO. This chapter also discusses the provisions of section 205 of ERISA, which are substantially parallel to the provisions contained in sections 401(a)(11) and 417 of the Code to the extent these sections apply to QDROs. The provisions of section 205 require that retirement plans provide the spouses of retirement plan participants with certain rights to survivor benefits, which are relevant to the provisions governing QDROs. Sample QDRO language developed by the Department of the Treasury and the Internal Revenue Service, in consultation with the Department of Labor, is provided in Appendix C.” “1-7: May a QDRO be part of the divorce decree or property settlement? Yes. There is nothing in ERISA or the Code that requires that a QDRO (that is, the provisions that create or recognize an alternate payee’s interest in a participant’s retirement benefits) be issued as a separate judgment, decree, or order. Accordingly, a QDRO may be included as part of a divorce decree or court- approved property settlement, or issued as a separate order, without affecting its “qualified” status. The order must satisfy the requirements described above to be a QDRO. Reference: ERISA § 206(d)(3)(B); IRC § 414(p)(1)” “1-11: Can a QDRO cover more than one plan? Yes. A QDRO can assign rights to retirement benefits under more than one retirement plan of the same or different employers as long as each plan and the assignment of benefit rights under each plan are clearly specified. Reference: ERISA § 206(d)(3)(C)(iv); IRC § 414(p)(2)(D)”  

Thank you very much! 

  1. imagg posted this