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Ex-wife allowed to enter QDRO 20 years after divorce

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In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may still be able to submit it.

Katherine Ryan and Larry Janovsky divorced in 1991. Their settlement agreement included a provision dividing Janovsky’s pension, but Ryan did not present a proposed QDRO for his signature until 2012. He refused to sign it, leading to Ryan filing a verified petition for contempt and rule to show cause, alleging her ex-husband was in contempt of the settlement agreement by not signing it.

The trial court ruled in favor of Janovsky, who argued the equitable defense of laches and waiver and that the statute of limitations had run. Janovsky had not yet received any payments of his pension when Ryan sought the QDRO.

The Court of Appeals, since it had not ruled on this issue before, pointed to rulings from Tennessee and New York to reverse the trial court in Katherine Ryan v. Larry Janovsky, 45A03-1304-DR-145.

“We agree with Janovsky and the trial court that the delay was ‘inordinate,’” Chief Judge Margret Robb wrote, “and we note that Ryan offered no explanation for the extremely lengthy delay in preparing the QDRO. Nonetheless, we cannot agree that the delay has caused the forfeiture of Ryan’s right to a portion of Janovsky’s pension benefits. Ryan’s right to part of Janovsky’s pension benefits arises from the settlement agreement; the QDRO only creates her right to be paid directly from the pension plan. And neither of these rights is yet enforceable because Janovsky’s pension benefits are not yet payable to anyone.

“Allowing Janovsky to retain the entirety of his pension benefits because of the delayed preparation of a QDRO is supported by neither law nor equity: the statute of limitations and caselaw relied upon by Janovsky do not support his position, and the trial court’s order leads to an inequitable result that cannot stand.”

The cause is remanded for further proceedings.  
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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