[Re-post] In Re the Marriage of Jane Doe v. Charles B. Bruce, Jr., 2013COA43 (March 28, 2013)

“I’m an excellent housekeeper. Every time I get a divorce, I keep the house.” – Zsa Zsa Gabor. In this divorce case, Husband is ordered to make monthly payments of $5,000 in child support and $12,000 in maintenance (Obligations). He fails to pay, accumulates $101,486 in arrearages and has his law license suspended. The trial court permits Wife to collect from his retirement account pursuant to a qualified domestic relations order (QDRO) under 29 U.S.C. 1056 (ERISA). A QDRO allows a former spouse to obtain benefits owed to a participant in a retirement plan, and can be used to enforce payment of support and maintenance obligations. Under CRS 13-54-102, however, a retirement plan is not subject to such orders. The court of appeals held that Colorado’s law conflicts with ERISA, a Federal law, and is preempted. Husband’s retirement contributions could be taken to meet his Obligations.

[Please see comments regarding links]

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1 Comment

Filed under Family Law, Trusts & Estates

One response to “[Re-post] In Re the Marriage of Jane Doe v. Charles B. Bruce, Jr., 2013COA43 (March 28, 2013)

  1. FROM THE EDITOR: The court’s decision in this case has generated a violent response by certain individuals. Consequently, the CLR has made the extraordinary decision to revise the title of this post and to remove links to the publicly available opinions. No other changes have been made.

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