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Without more background facts, it is unclear whether you are asking about amending an existing QDRO that is part of a divorce decree or obtaining a QDRO as a separate order from the divorce decree. It appears that you are asking about the former.
There is nothing in ERISA that requires that a QDRO 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. ERISA § 206(d)(3)(B); IRC § 414(p)(1).
However, it is the well-settled rule in Michigan that the property settlement provisions of a divorce decree cannot be set aside, modified, or altered in the absence of fraud, duress, or mutual mistake. Newton v. Security National Bank of Battle Creek, 324 Mich 344; Pierson v. Pierson, 351 Mich 637; Greene v. Greene, 357 Mich 196.
So, it appears that without a showing of one of the conditions above you would not be able to apply for an amendment to the QDRO. I now that this is probably not what you wanted to hear, but I am assuming that you are paying for a professional and honest answer.
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