(DOWNLOAD) "Franklin V. Franklin" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Franklin V. Franklin
- Author : New Mexico Court of Appeals
- Release Date : January 25, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This case involves the formula for dividing periodic payments of a retirement plan that was being distributed pursuant to a "pay as it comes in" basis as provided in an earlier divorce decree. The parties were married in 1950 and divorced in 1983. The division of the parties' community property in the 1983 divorce decree awarded Wife "[a]n undivided 1/2 of [Husband's] interest in the Employee Retirement Income Plan of El Paso Company ["the Plan"] as of January 10, 1983, with the benefits to be paid to [Wife] as they become due and payable under the terms of the Plan." Husband was awarded an identical interest, as well as "all rights accruing after January 10, 1983," in the Plan. No value was placed on the Plan in the divorce decree, nor was a qualified domestic relations order regarding the Plan ever prepared.