Department of Social Services
Family Support Division
PO Box 2320
Jefferson City, Missouri
TO: ALL FAMILY SUPPORT OFFICES
FROM: REGINALD E. McELHANNON, INTERIM DIRECTOR
SUBJECT: DOMESTIC RELATIONS ORDERS FOR MO HEALTHNET FOR THE AGED, BLIND, AND DISABLED (MHABD) AND MAGI
MANUAL REVISION #104
The purpose of this memo is to introduce policy regarding Domestic Relations Orders (DRO). A DRO is a court ordered division of property granting a spouse or dependent ownership of property or a portion of the property in the event of a divorce.
Pensions and other retirement plans may be treated as property and divided after a divorce as a result of a DRO. If this is the case, income resulting from the divided pension or retirement plan will belong to the individual who owns the property after the divorce.
Note: A qualified domestic relations order (QDRO) is a common type of DRO utilized by non-government employers.
Example: Miranda’s years of service entitle her to a $2400 monthly pension from the Sunflower Farms Retirement Plan. As a result of a divorce, her pension is subject to a QDRO that stipulates her ex-spouse, Jeff, is entitled to 25% of her pension, or $600 per month. Miranda’s countable monthly pension income is $1800. Jeff’s countable monthly pension income is $600.
Do not budget income resulting from a DRO in the same way as alimony (maintenance) or child support.
Note: The title of 0805.1530 Non-Earned Income has been updated to Unearned Income.
- Review this memorandum with appropriate staff.