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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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