On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, Docket No. FM-03-921-08-X.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued telephonically December 16, 2010 -- Decided January 19, 2011
Before Judges Parrillo and Yannotti.
Defendant David Kiffer appeals from a post-judgment order entered by the Family Part on January 8, 2010, which denied defendant's motion to vacate a qualified domestic relations order (QDRO) and enter a revised QDRO. We affirm.
The parties were married on October 8, 1994. Plaintiff Stephanie Kiffer filed a complaint for divorce on January 28, 2008, and on December 3, 2008, the parties agreed to the terms of a property settlement agreement (PSA), which were placed on the record. During that proceeding, the attorneys for the parties addressed, among other things, the parties' respective interests in defendant's pension plan.
Plaintiff's attorney stated on the record that defendant had a pension plan as a result of his employment as a corrections officer with the State of New Jersey. Counsel stated:
Related to that [plan] there will be a QDRO.
Wife will get a coverture share. That coverture share will be reduced by one-half of the pension loan balance as of the date of the complaint. Husband will be responsible [for paying] off the pension loan without contribution from wife.
As to paid-in contributions to that pension plan, wife gets a coverture share. Husband shall provide wife with not less that 90 days written notice of his retirement intention.
The court entered a final judgment of divorce dated December 3, 2008, which dissolved the parties' marriage. The terms of the PSA were reduced to writing and incorporated in a supplemental final judgment of divorce (FJOD), which was filed on January 5, 2009. The FJOD stated in pertinent part that:
The parties shall equally fund the preparation of a QDRO to Plaintiff from Defendant of fifty (50%) percent of the coverture share related to and arising from Defendant's participation in his pension plan with the State of New Jersey where he is employed as a Prison Guard subject to that set forth here in paragraph 2 (c).
That due Plaintiff shall be reduced by half of the balance due on Defendant's Pension Loan as of January 28, 2008, half of $29,644.78. Defendant alone shall be responsible to pay back that Pension Loan without contribution from Plaintiff.
The QDRO shall include a term whereby wife is named irrevocable beneficiary of one-half of Defendant's paid-in Pension Contributions as of January 28, 2008 with its related growth/value decrease, if any, through to the time of distribution, if any. The QDRO shall include a term requiring Defendant to provide ...