The Employee Retirement Income Security Act of 1974 (“ERISA”) obligates plan administrators to manage covered plans in accordance with the “documents and instruments” governing them. It also requires covered pension benefit plans “provide that benefits . . . may not be assigned or alienated” (“the anti-alienation provision”); but exempts qualified domestic relations orders (“QDROs”) from … [Read more…]
In Marriage of Eustice (2015), the Fourth District, Division Two, Court of Appeal addressed an issue of first impression (i.e., one never before decided by an appellate court in California): whether a default judgment is void for lack of notice where the petition for dissolution of marriage requests the family court determine the parties respective property … [Read more…]
Marriage of Smith (2015) was an appeal to the Fourth District, Division Two, Court of Appeal as a result of post-judgment litigation. Mark and Kierstin Smith divorced in 2002, but post-judgment child custody and support litigation ensued. Mark’s current wife, Cindy, joined in the litigation as a Claimant. In 2008, Mark requested a modification of child support, … [Read more…]
