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The defendant's order to show cause, challenging three provisions of a qualified domestic relations order was granted by a New York State Supreme Court judge. In JC v. MC, the defendant challenged three provisions of the QDRO which were not specifically authorized under the parties' in- court stipulation. Judge John Ark reviewed the arguments and the order before granting the relief requested in the defendant's order to show cause and denying the plaintiff's cross-motion.
DOMESTIC RELATIONS spousal support; continuing jurisdiction; Qualified Domestic Relations Order; pension benefits; abuse of discretion; contract ambiguity; interpretation of agreed judgment entry; expectation of finality
An order granting 50 percent of a man's pension benefits to the woman he lived with in a "quasi-marital" relationship is a valid QDRO under ERISA, the 9th Circuit has ruled. The couple lived together for more than 30 years. They never married, but they had two sons, purchased a home together, held themselves out as husband and wife, and filed joint tax returns.
Federal law requires that participants in employer-sponsored retirement plans designate their spouse as their beneficiary, unless the spouse waives this right in writing. Assuming that you and your spouse adhered to this practice, a document known as a Qualified Domestic Relations Order (QDRO), which is part of a divorce settlement, specifies how retirement assets are divided.
Motion to vacate; qualified domestic relations order (QDRO); pension fund; Civ.R. 60(B).
Qualified domestic relations order
Was the decedent's ex-wife entitled to share in the pre- retirement death benefits payable pursuant to his pension plan? This was the central issue before New York State Supreme Court Judge Brian F. DeJoseph, Onondaga County, when it was determined that plaintiff was excluded from sharing in the decedent's pre- retirement benefits based on the qualified domestic relations order that had accompanied their divorce.
Qualified Domestic Relations Order
Qualified Domestic Relations Order (QDRO)
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