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IN RE MARRIAGE OF RIFE

No. 93-1689.

529 N.W.2d 280 (1995)

In re the MARRIAGE OF Betty Louise RIFE and Jack W. Rife. Upon the Petition of Betty Louise Rife, Appellee, And Concerning Jack W. Rife, Appellant.

Supreme Court of Iowa.

March 29, 1995.

Attorney(s) appearing for the Case

Patrick F. Curran of Vinyard & Curran, Ottumwa, for appellant.

Douglas R. Smalley of Riemenschneider, Rydell & Smalley, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, ANDREASEN, and TERNUS, JJ.

HARRIS, Justice.

Can the corpus of a retirement plan be garnished to satisfy past-due support orders? The trial court thought yes and we agree.

Federal law protects retirement plans from misuse or invasion by such things as garnishment. 29 U.S.C. ch. 18 (employee retirement income security program [ERISA] ). Exempt from this protection however are obligations known as "qualified domestic relations orders" [QDRO]. 29 U.S.C. § 1056. A QDRO is:

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