FL-460 - Qualified Domestic Relations Order for Support (Earnings Assignment Order for Support)

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Qualified Domestic Relations Order for Support (Earnings Assignment Order for Support)

Text

Form ID: FL-460
Title: Qualified Domestic Relations Order for Support (Earnings Assignment Order for Support)
Effective Date: 2003-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-460
Primary Download URL: https://www.courts.ca.gov/documents/fl460.pdf
Form Detail Page:
Qualified Domestic Relations Order for Support (Earnings Assignment Order for Support)
(FL-460)
Tells you that the judge ordered child, spousal, or partner support to be taken out of the retirement plan of the other parent, spouse, or partner once a month.
Get form FL-460
Effective: January 1, 2003
PDF Text:
QUALIFIED DOMESTIC RELATIONS ORDER FOR SUPPORT
(EARNINGS ASSIGNMENT ORDER FOR SUPPORT)
TO THE PAYOR/PLAN: This is an earnings assignment order for support governed by Chapter 8 of the Family Code and is intended to 
be a qualified domestic relations order (QDRO) under applicable federal law. This order applies to the following named plan:
Modification
FOR COURT USE ONLY
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
CASE NUMBER:
STREET ADDRESS:
MAILING ADDRESS:
TELEPHONE NO.: FAX NO.:
FL-460
Child Support Spousal or Family Support
QUALIFIED DOMESTIC RELATIONS ORDER FOR SUPPORT
(EARNINGS ASSIGNMENT ORDER FOR SUPPORT)
Name:
Address:
This order requires you to withhold a portion of the benefits payable under the Plan with respect to (specify Obligor/Participant's full 
legal name and, if known, mailing address, date of birth, and employee identification number):
Name:
Address:
DOB: ID#:
and pay as directed below.
Note:  A separate Attachment to Qualified Domestic Relations Order for Support (form FL-461) that sets forth the social security 
number of any participant named above must be completed and served on the Plan with a copy of this order. The Plan will require this 
information for tax reporting purposes.  Do not file a copy of form FL-461 with the court.
THE COURT ORDERS THE FOLLOWING:
per month current child support
per month current spousal support
per month current family support
per month child support arrearages
per month spousal support arrearages
per month family support arrearages
(4)
a.
$$
(5)(2) $$
(6) $$(3)
If Participant has commenced receiving benefits under the Plan in the form of monthly or other periodic payments or has applied 
to receive monthly or other periodic payments (if benefits are not in pay status and have not been applied for, see item 5; if 
benefits are payable in a lump sum, see item 3), withhold the following amounts from the monthly benefits otherwise payable to 
the Participant:
1. WITHHOLDING OF PERIODIC BENEFIT PAYMENTS
(1)
b. Total monthly support obligation of (sum of item 1a(1) through (6)): $
If the total monthly support obligation exceeds 50 percent of Participant's periodic benefits, withhold the greater of 50 percent 
or the percentage, if any, set forth in item 12.
c.
d. If Participant's benefits are payable on a periodic basis ot her than monthly (e.g., quarterly, semiannually, or annually), multiply 
each of the amounts in items 1a and 1b by the number of months included in the payment period, and withhold the adjusted 
amounts (subject to the limitations in item 1c, taking into account the adjustment of the amount in item 1b) from each benefit 
payment.
e. If the amount withheld is less than the total monthly support ob ligation, prorate the amount first to current child support, then to 
current family support, and then to current spousal support. Apply any remainder in the same order of priority to support 
arrearages.
Form Approved for Optional Use
Judicial Council of California
FL-460 [Rev. January 1, 2003]
Family Code, § 5208; Code of
Civil Procedure, § 706.052;
26 U.S.C. § 414(p); 29 U.S.C. § 1056(d)
Page 1 of 4
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Fam. Code, §§ 17400, 17406)
(Name, state bar number, and address):
www.courtinfo.ca.gov
 Laura Lynn Morgan 31/03 Morgan I Love You

QUALIFIED DOMESTIC RELATIONS ORDER FOR SUPPORT
(EARNINGS ASSIGNMENT ORDER FOR SUPPORT)
CASE NUMBER:
ARREARAGES: For purposes of this order, the total arrearages are set as follows (interest that has not been calculated or included 
is not waived):
Child support: a.
b.
c.
Spousal support:  
Family support: 
2.
Amount
$
$
$
As of (date)
WITHHOLDING FROM LUMP SUM DISTRIBUTIONS: Withhold from any lump sum distributions currently payable to Participant 
under the Plan as follows:
3.
a.
b.
c.
An amount equal to the total of the support arrearages, if any, set forth in item 2.
To the extent the amounts withheld under item 3a are for child support arrearages, withhold from the lump sum distribution and
pay over to the appropriate taxing authorities an additional amount sufficient to satisfy the Plan's mandatory federal and state
income tax withholding obligations with respect to those arrearages and with respect to all additional amounts withheld under this
item 3b. Any amounts withheld under this item 3b may not be applied to reduce the amount of the child support arrearages.
To the extent the amounts withheld under item 3a are for support arrearages other than child support, withhold from those
amounts and pay over to the appropriate taxing authorities an additional amount sufficient to satisfy the Plan's mandatory federal
and state income tax withholding obligations with respect to those arrearages. Any amounts withheld under this item 3c must be
applied proportionally to reduce the amount of the family support arrearages and spousal support arrearages.
d. If the amounts withheld under item 3a are less than the total of the support arrearages, if any, set forth in item 2, prorate the 
amounts first to child support arrearages, then to family support arrearages, and then to spousal support arrearages.
e. If the amounts to be withheld under items 3a and 3b would exceed the total amount of the lump sum distribution currently
payable, withhold the entire amount of the lump sum distribution, allocate from it an amount sufficient to satisfy the Plan's
mandatory federal and state income tax withholding obligations with respect to the amount of such distribution, and allocate the
balance to satisfaction of the child support arrearages. Any income tax withheld under this item 3e may not be applied to reduce
the amount of the child support arrearages.
f. The limitations on withholding set forth in items 1 and 12 do not apply to the withholding provisions of this item 3.
4. DISTRIBUTE AMOUNTS WITHHELD OR ALLOCATED AS FOLLOWS:
a.
b.
c.
FL-460 [Rev. January 1, 2003] Page 2 of 4
Child Support: All amounts withheld or payable for child support under this order are for the benefit of (specify name of each 
Alternate Payee, with date of birth, if available):
Name of each child Date of birth of each child
Amounts withheld for child support must be paid to (specify name, capacity, and mailing address of agent to receive payments—  
hereinafter "Agent"):
Name:
Address:
Capacity:
Spousal or Family Support
All amounts withheld or payable for spousal/family support under this order are for the benefit of (specify name of Spousal or 
Family Alternate Payee, with date of birth, if available):
(1)
Name: DOB:
Note: A separate Attachment to Qualified Domestic Relations Order for Support (form FL-461) that sets forth the social 
security number of any Spousal or Family Alternate Payee named in item 4c(1) must be completed and served on the Plan 
with a copy of this order. The Plan will require this information for tax reporting purposes. Do not file a copy of form FL-461 
with the court.
Amounts withheld for spousal or family support must be paid to (check one):(2)
(b)
(a) Spousal or Family Alternate Payee at the following address (specify mailing address of Alternate Payee):
Spousal or Family Alternate Payee's Agent (specify name, mailing address, and capaci ty of agent to receive payments):
Name:
Address:
Capacity:
Address:
PETITIONER/PLAINTIFF:
OTHER PARENT:
RESPONDENT/DEFENDANT:
 Laura Lynn Morgan 31/03 Morgan I Love You

QUALIFIED DOMESTIC RELATIONS ORDER FOR SUPPORT
(EARNINGS ASSIGNMENT ORDER FOR SUPPORT)
FL-460 [Rev. January 1, 2003] Page 3 of 4
CASE NUMBER:PETITIONER/PLAINTIFF:
OTHER PARENT:
RESPONDENT/DEFENDANT:
IF BENEFITS ARE NOT CURRENTLY IN PAY STATUS:
a.
b.
5.
If Participant applies for benefits (including a lump sum distribution) within 90 days after the Plan receives this order or while
the temporary restraining order in item 13 remains in effect, the withholding provisions of this order must take effect once such
benefits become payable.
If Participant has not commenced receiving benefits under the Plan (other than by reason of the temporary restraining order in
item 13), and does not apply to receive benefits by the end of the period specified in item 5a, the Plan has no obligation
under this order to withhold payments from Participant's benefits, provided the Plan sends prompt written notice to Alternate
Payee(s) stating that no benefits are currently available for distribution under this order and specifying the earliest date on
which Participant could begin receiving benefits under the Plan if Participant terminated employment.
6. Any notices required or permitted under this order to any Alternate Payee must be sent by first-class mail, postage prepaid, to the
Alternate Payee or to the Alternate Payee's Agent, if one is designated, at the address set forth in item 4, or such other address as
the Alternate Payee/Agent may specify by written notice to the Plan.
This order upon approval as a QDRO (check appropriate box, if either is applicable):7.
(b)
(a) amends/replaces any existing QDRO with respec t to support for any Alternate Payee's named herein.
supplements but does not amend or replace any existing payment obligations under a previous QDRO issued with 
respect to any Alternate Payee named herein.
8. This order must not be interpreted to require payment of benefits in any form not permitted by the Plan or in an amount greater 
than the actuarial value of Participant's benefits, less any benefits otherwise payable to another alternate payee under another 
order previously determined to be a QDRO.
9. Upon approval of this order as a QDRO, the Plan must send to Alternate Payee(s) any forms or notices that the Plan may require
in order to effectuate the distribution of benefits as specified herein. This requirement does not apply if item 5b applies.
10. This order affects all benefits of Participant payable beginning as soon as possible but not later than 10 days after you receive it,
including any retroactive benefit payments, whether those payments relate to a period before or after the date you receive this
order. You must withhold from retroactive benefit payments according to the provisions of item 1 as if the payments had been
made when due. The payments ordered herein will continue until further court order or notarized written notice from the Alternate
Payee(s).
11. The Plan must give the Obligor/Participant a copy of this order and the accompanying blank Request for Hearing Regarding
Earnings Assignment (form FL-450) within 10 days.
MAXIMUM WITHHOLDING PERCENTAGE GREATER THAN 50% (If a maximum withholding percentage greater than 50% 
has been authorized by court order, check the box to the left and complete the following.)
12.
By order entered on (date):                                                 , by stipulation or following noticed motion and appropriate
proceedings, the court has determined, following Code of Civil Procedure section 706.052, that because support
arrearages exist and/or when Participant's disposable earnings from all sources are taken into account, the maximum
percentage of Participant's benefits under the Plan that are subject to withholding pursuant to item 1 of this order is (check 
one):
(b)
(a) 100%
%  (If this box is checked, fill in the maximum percentage specified in the order.) 
13. TEMPORARY RESTRAINING ORDER:  During any period in which the status of this order as a QDRO is being determined (by
the Plan, a court of competent jurisdiction, or otherwise) and such further period as may be ordered by the court, the Plan is
hereby TEMPORARILY RESTRAINED from making any distribution to Participant or Participant's beneficiary (other than a
beneficiary under another QDRO) of any amount that would have been payable during such period to any Alternate Payee named
herein if this order had been determined to be a QDRO. In no event may this temporary restraining order remain in effect for a
period of more than 18 months after the date of this order.
14. OTHER PROVISIONS
(b)
(a) The Plan must provide to the Alternate Payee, or to the Al ternate Payee's agent, a copy of the Summary Plan Description;  
any subsequent summaries of material modifications with respect to the Plan; and the Plan's QDRO procedures, if any.
Other (specify):
Date:
JUDICIAL OFFICER
 Laura Lynn Morgan 31/03 Morgan I Love You

QUALIFIED DOMESTIC RELATIONS ORDER FOR SUPPORT
(EARNINGS ASSIGNMENT ORDER FOR SUPPORT)
FL-460 [Rev. January 1, 2003] Page 4 of 4
CASE NUMBER:PETITIONER/PLAINTIFF:
OTHER PARENT:
RESPONDENT/DEFENDANT:
INSTRUCTIONS FOR QUALIFIED DOMESTIC RELATIONS ORDER
(EARNINGS ASSIGNMENT ORDER FOR SUPPORT)
DEFINITIONS OF IMPORTANT WORDS IN THE ORDER1.
(b)
(a) Alternate payee: any spouse, former spouse, child, or 
other dependent of the Participant.
Participant/Obligor: any person ordered by a court to 
pay child support, spousal support, or family support 
who has an accrued benefit or account balance 
(whether or not vested) under a Plan.
(c) Agent: any person, including the district attorney or 
other governmental agency, to whom the support  is to 
be paid on behalf of an alternate payee.
(d) Payor/Plan: any employee benefit plan described in 
Family Code section 80 that is not a governmental plan 
as defined in 29 U.S.C. § 1002(32). The term includes 
plans benefiting self-employed individuals such as 
partners and sole proprietors. If an entity other than the 
Plan pays benefits to participants under the Plan, the 
term Payor/Plan also includes that entity.
(e) QDRO: an order that has been approved by the 
administrator of the Plan (or by a court of competent 
jurisdiction) as meeting the requirements for a qualified 
domestic relations order under 29 U.S.C. § 1056(d) or 
26 U.S.C. § 414(p).
(f) Annuity: a form of benefit in which periodic payments 
(usually monthly) are made for the life of the recipient 
and/or the recipient's survivor. This order applies to 
annuities and to any other form of benefit payment or 
distribution allowable under the Plan (e.g., single sum, 
installments, and other periodic payments).
TAX INFORMATION FOR PAYORS2.
Generally speaking, for federal income tax purposes, the 
Participant will be taxed on any child support paid from a 
Plan based on this order. Amounts paid by the Plan for 
spousal or family support generally will be taxable to the 
Alternate Payee for whose benefit those amounts are paid.
You should consult with your professional tax advisor on 
the specific tax treatment and reporting requirements 
applicable to distributions under this order.
2. TAX INFORMATION FOR PAYORS (continued)
OTHER INFORMATION FOR PAYORS3.
This order, which is an earnings assignment order, and 
you as the Payor are governed by Chapter 8, beginning 
with section 5200, of the Family Code and related 
provisions of that code and the Code of Civil Procedure. 
Your attention is directed particularly to the provisions of 
Chapter 8 that set forth your obligations as a Payor 
(referred to therein as the "Employer").
When benefits under the Plan are currently payable to the 
Participant, withholding under this order should commence 
as soon as possible but no later than 10 days after you 
receive the Qualified Domestic Relations Order for 
Support. If benefits are not currently payable but 
Participant has applied to receive benefits, or applies 
within 90 days after you receive this order or while the 
temporary restraining order contained in item 13 of this 
order is in effect, this order (including the temporary 
restraining order) applies to the benefits Participant has 
applied for and becomes entitled to receive under the 
terms of the Plan.
Once this order has been approved as a QDRO, all 
benefits withheld pursuant to the temporary restraining 
order must be disbursed in accordance with the terms of 
this order or, to the extent those benefits are not affected 
by this order, to the person or persons entitled to them 
under the terms of the Plan.
If you have any questions about this order, please contact 
the office that sent this form to you, as shown in the upper 
left-hand corner.
INFORMATION FOR ALL PARTICIPANTS:  You should have received a Request for Hearing Regarding Earnings 
Assignment (form FL-450) with the Qualified Domestic Relations Order for Support. If not, you may get one from either the 
court clerk or the local child support agency. If you want the court to stop or modify the assignment of your benefits under the 
Plan, you must file (hand-deliver or mail) an original copy of form FL-450 with the court clerk within 10 days of the date you 
received this order. Keep a copy of the form for your records.
4.
If you think your support order is wrong, you can ask for a modification of the order, or in some cases you can have the order 
set aside and a new order issued. You can talk to any attorney or visit the family law facilitator if you need more help.
 Laura Lynn Morgan 31/03 Morgan I Love You

Retrieval chunks

• #1

  Form ID: FL-460 Title: Qualified Domestic Relations Order for Support (Earnings Assignment Order for Support) Effective Date: 2003-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-460 Primary Download URL: https://www.courts.ca.gov/documents/fl460.pdf Form Detail Page: Qualified Do…

• #2

  to receive monthly or other periodic payments (if benefits are not in pay status and have not been applied for, see item 5; if benefits are payable in a lump sum, see item 3), withhold the following amounts from the monthly benefits otherwise payable to the Participant: 1. WITHHOLDING OF PERIODIC BENEFIT PAYMENTS …

• #3

  pay over to the appropriate taxing authorities an additional amount sufficient to satisfy the Plan's mandatory federal and state income tax withholding obligations with respect to those arrearages and with respect to all additional amounts withheld under this item 3b. Any amounts withheld under this item 3b may not …

• #4

  Family Alternate Payee, with date of birth, if available): (1) Name: DOB: Note: A separate Attachment to Qualified Domestic Relations Order for Support (form FL-461) that sets forth the social security number of any Spousal or Family Alternate Payee named in item 4c(1) must be completed and served on the Plan wit…

• #5

  This order upon approval as a QDRO (check appropriate box, if either is applicable):7. (b) (a) amends/replaces any existing QDRO with respec t to support for any Alternate Payee's named herein. supplements but does not amend or replace any existing payment obligations under a previous QDRO issued with respect to a…

• #6

  13. TEMPORARY RESTRAINING ORDER: During any period in which the status of this order as a QDRO is being determined (by the Plan, a court of competent jurisdiction, or otherwise) and such further period as may be ordered by the court, the Plan is hereby TEMPORARILY RESTRAINED from making any distribution to Particip…

• #7

  (f) Annuity: a form of benefit in which periodic payments (usually monthly) are made for the life of the recipient and/or the recipient's survivor. This order applies to annuities and to any other form of benefit payment or distribution allowable under the Plan (e.g., single sum, installments, and other periodic …

• #8

  Assignment (form FL-450) with the Qualified Domestic Relations Order for Support. If not, you may get one from either the court clerk or the local child support agency. If you want the court to stop or modify the assignment of your benefits under the Plan, you must file (hand-deliver or mail) an original copy of for…