Natalia Cardona–Ward v. Howard Ward, Jr. (2011)

MEMORANDUM OF DECISION ON MOTION TO COMPEL AND ENFORCE COURT ORDERS, POSTJUDGMENT FILED MARCH 16, 2011(136) MOTION TO CLARIFY AND ENFORCE COURT ORDERS, POSTJUDGMENT FILED MARCH 18, 2011(137)

On November 26, 2010, the court issued a Memorandum of Decision pursuant to which the marriage of the parties was dissolved and certain financial orders were issued.   The final dissolution orders of the court were incorporated into the dissolution of marriage judgment executed as of November 26, 2010.   On December 30, 2010, the plaintiff filed a Motion to Correct Memorandum of Decision, Post–Judgment which motion was granted by the court on January 10, 2011.

On March 16, 2011 and March 18, 2011, the plaintiff filed the above captioned motions seeking to have the court compel the defendant to comply with orders of the court and to clarify certain orders of the court relating to the allocation of the defendant's military pension.   On March 28, 2011 the matters were marked over to April 4, 2011 and referred by the court, Calmar J., to this court.

A. The Motion to Compel and Enforce Court Orders dated March 15, 2011 seeks an order that alimony be paid by way of an immediate wage assignment and an order that the defendant execute a Domestic Relations Order (DRO) to effectuate the award of a portion of the defendant's pension to the plaintiff.

The court in its Memorandum of Decision ordered alimony at $271 a week until December 31, 2015 and provided that the alimony was to be paid by military allotment for so long as the defendant is serving in the Navy or any other branch of the United States military and then to be paid by immediate wage withholding.   The plaintiff avers the alimony has not been paid.   Accordingly, the Motion is GRANTED, in part, and the court orders, to the extent alimony is not being paid by allotment, alimony shall be paid by way of an immediate wage execution.

As to the request the defendant be compelled to execute a DRO, based on the court's reading of the Motion to Clarify and Enforce Court Orders, a DRO is not required to implement the orders of the court, as clarified, and accordingly, the motion for such request is deemed to be moot.

B. Motion to Clarify and Enforce Court Orders dated March 18, 2011 seeks clarification on the orders contained in the court's November 26, 2010 Memorandum of Decision.   The court GRANTS the motion and clarifies its orders as follows:

1. The court did not intend the plaintiff to receive survivor benefits.

2.—4. The court, as set forth in Section H.3. of the Memorandum of Decision intended to provide to the plaintiff 35% of the value of the defendant's pension as accrued during the marriage.   The court retained jurisdiction over the order.   To clarify its order to express the same as a formula applicable to the defendant's benefits at retirement, the court deletes the first two sentences of the Pension provisions of Section H.3. of the Memorandum and substitutes in lieu thereof the following:  “The plaintiff is awarded an amount equal to thirty five percent (35%) of the Marital Portion of the defendant Member's Disposable Retired Pay under his retirement Plan as of his benefit commencement date.   The Marital Portion shall be determined by multiplying the Member's Disposable Retired Pay by a fraction (less than or equal to 1) the numerator of which is the number of months of the Member's creditable military service in his retirement Plan earned during the marriage (which shall be defined as 120 months) and the denominator of which is the total number of months of the defendant Member's creditable military service in the retirement Plan as of his date of retirement.”

The court continues to reserve jurisdiction over these orders, as clarified.

SO ORDERED

BY THE COURT,

OLEAR, J.

Olear, Leslie I., J.