Marriage of Janes

As part of their 2010 marital settlement agreement, respondent Misti Janes (Wife) was awarded $113,392 from the retirement account of appellant Tim Janes (Husband). In 2014, the money was still in the retirement account. Wife sought the amount of the award, plus and gains or losses resulting from that money sitting in the account. The family court granted Wife’s request for a Qualified Domestic Relations Order (QDRO) reflecting Wife was entitled to $113,392 and the resulting gains or losses dating back to the date of separation. Husband appealed, arguing: (1) the family court lacked jurisdiction to modify the 2010 judgment of dissolution by awarding the gains and losses to Wife; and (2) the family court erred by dating the gains and losses back to the date of separation, rather than the date of the dissolution judgment. Finding that Husband failed to explain why he was entitled to gains earned on the$113,392, the Court of Appeal was unpersuaded by Husband's interpretation of the agreement. The trial court did not modify the agreement by its award, nor did it err by dating the gains or losses earned on the award back to the state of the 2010 judgment. View "Marriage of Janes" on Justia Law