- 18 - the back child support ($22,500 as previously Ordered by the Court * * * ) and the remainder ($32,900) as other equitable distribution.” The State Court stated its intent to enter a QDRO against E-Systems (petitioner’s employer) “and the account of * * * [petitioner] therein, of which $22,500 is for a child support obligation and $32,900 is for equitable distribution.” We think that the following are fair inferences to be drawn from the (1) supplemental final judgment, (2) check, in the amount of $23,192.18, payable to Meagan, and (3) Form 1099R, received by petitioner and evidencing the Vanguard distribution: The Vanguard distribution was from either the T-Cap or ESOP, both of which were employer-sponsored benefit plans in which petitioner was a participant on whose behalf an account was maintained; the Vanguard distribution was made pursuant to the stipulation of petitioner and Ms. Hodson that she would receive $55,400 from those accounts ($32,900 as an equitable distribution and $22,500 (plus interest) in satisfaction of petitioner’s child support obligation); the Vanguard distribution liquidated petitioner’s obligation pursuant to the stipulation to pay overdue child support. We find accordingly. The parties appear to agree that the Vanguard distribution was from a tax-exempt employees’ trust described in section 401(a) (an employees’ trust), and, therefore, the taxability of such distribution is determined under section 402. SectionPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011