Potts v. Potts
Potts v. Potts
Opinion
¶1 This case involves not the benefit of the doubt, but some doubt as to the benefit. After separating in 1992, the court entered a decree of divorce based in part on Duane 1 and Kathleen's stipulation. The decree awarded a portion of each party's retirement benefits to the other party. The decree directed the parties to cooperate in obtaining qualified domestic relations orders (QDRO) 2 to effectuate the property distribution of the retirement accounts. Kathleen filed the QDRO related to her retirement account in 1995, but Duane waited until 2000 to file his corresponding QDRO. As it turned out, just before Duane filed, the Utah Retirement Systems' rules regarding retirement benefits changed, providing Duane with the advantage of new distribution rules. In 2015, Kathleen filed a motion to amend her 1995 QDRO to reflect the updated rules. Duane objected, but the district court granted the motion. Duane then filed a motion to reconsider, which the court also denied. Duane appeals those rulings. We affirm.
BACKGROUND
¶2 When the parties divorced in November 1992, they both were employees of the State of Utah. Pursuant to the decree of divorce, each party was awarded a
Woodward
share of the other's retirement benefits: 50% of the retirement benefits that accrued during their marriage.
See
Woodward v. Woodward
,
¶3 In March 1995, Kathleen filed her proposed qualified domestic relations order (1995 QDRO) for the court's signature and then submitted the signed order to Utah Retirement Systems (URS). The 1995 QDRO ordered URS to divide Kathleen's share of Duane's retirement based upon the rules in existence at that time. Those rules left Kathleen's share of Duane's retirement in Duane's shared-interest account. The 1995 QDRO also provided,
The [district court] retains jurisdiction to amend this Order so that it will constitute a domestic relations order under the plan even though all other matters incidental to this action or proceeding have been fully and finally adjudicated. If URS determines at any time that changes in the law, the administration of the plan, or any other circumstances make it impossible to calculate the portion of a distribution awarded to alternate payee by this Order and so notifies the parties, either or both parties shall immediately petition the Court for reformation of the Order.
¶4 Sometime in 2000, 3 a URS rule revision occurred which, according to Kathleen, "changed the manner of distribution to more fully reflect Utah law on division of retirement property to what is common[ly] referred to as a separate interest." Under these rules, Duane's account would no longer be a shared-interest account, but instead would be divided into two separate accounts proportional to Kathleen's marital interest. Alteration of the 1995 QDRO would ultimately change the potential payout to the parties, depending upon who predeceases whom. If Kathleen were to predecease Duane under these rules, Kathleen's payout would no longer revert to Duane, essentially divesting him of that benefit.
¶5 In September 2000, Duane filed his own qualified domestic relations order (2000 QDRO). Because he filed after the rule change, Duane received the benefit of the new, separate account distribution rules. Duane's 2000 QDRO had no effect on Kathleen's 1995 QDRO, which was still subject to the old rules. In December 2015, Kathleen filed a Motion for an Amended Qualified Domestic Relations Order (Motion to Amend) requesting alteration of the 1995 QDRO "on the ground that the rules for Utah Retirement Systems [had] changed since the entry of the [1995 QDRO]."
¶6 After lengthy objections from Duane, the district court conducted a telephone conference in September 2016 and thereafter granted Kathleen's Motion to Amend, stating, "It seems like the orders were meant to divide each of the [parties'] retirements in the same way." The court held that Kathleen should "be granted the same benefits on the method of division as Duane." That same day, Duane filed a motion to reconsider, but the district court denied the motion. Duane appeals.
ISSUES AND STANDARDS OF REVIEW
¶7 Duane appeals on three bases. First, he argues that the district court lacked jurisdiction to amend the 1995 QDRO. "Whether the district court has jurisdiction is a question of law that we review for correctness, giving no deference to the lower court."
State v. Norris
,
¶8 Second, Duane contends that even if the district court had jurisdiction to amend the 1995 QDRO, Utah Code section 68-3-3, which governs the effect of retroactive code provisions, prevents the court from doing so.
See
¶9 Third, Duane asserts that it was inequitable for the district court to allow
amendment of the 1995 QDRO. A district court's equitable orders are reviewed for abuse of discretion and should be "accorded substantial deference," with the court being given "considerable latitude."
Kidd v. Kidd
,
ANALYSIS
I. Jurisdiction
¶10 Duane contends that the district court "did not have the jurisdiction and/or the ability to amend" the 1995 QDRO because Kathleen failed to file a petition to modify, which, he alleges, is a requirement to retain jurisdiction. Duane's argument fails for three reasons.
¶11 First, Kathleen did not seek modification of the decree and therefore was not required to file a petition to modify, which must be based on a change in circumstance.
See
Durfee v. Durfee
,
¶12 Second, jurisdiction regarding QDROs has been granted to district courts by statute. Utah Code section 30-3-5(3) governs the disposition of, among other things, property interests such as retirement accounts. The provision states,
The [district] court has continuing jurisdiction to make subsequent changes or new orders for the custody of the children and their support, maintenance, health, and dental care, and for distribution of the property and obligations for debts as is reasonable and necessary.
¶13 Third, Duane fails to recognize that divorce courts are well established as courts of equity,
see
Dority v. Dority
,
¶14 Utah courts have long held that district courts retain jurisdiction to remedy scenarios exactly like the one presented in this case.
See
Ohms
,
¶15 For these reasons, Duane's contention that the district court lacked jurisdiction to amend the 1995 QDRO fails. 4
II. Retroactive Rule Changes
¶16 Duane next contends that amending the 1995 QDRO amounts to a retroactive application of law, in violation of Utah Code section 68-3-3, which states, "A provision of the Utah Code is not retroactive, unless the provision is expressly declared to be retroactive."
¶17 District courts have the power to enforce a decree of divorce by entering collateral orders-including orders effectuating the allocation of retirement benefits.
See
Osborne v. Osborne
,
¶18 Similarly, in this case, amendment of the 1995 QDRO merely effectuates the allocation of benefits to Kathleen by instructing URS to disburse the funds as the decree allocated in 1992. The decree was established, with regard to each party's share of retirement, in 1992, pursuant to the Woodward formula. See supra ¶2. The proposed amendment does not attempt to change or retroactively apply new law because it does not involve any statutes at all. Duane does not point to a single statute being retroactively applied. The amendment to the 1995 QDRO simply enforces the already-existing decree-which treats the parties identically-and asks the court to identically apply the change in administrative rules to the retirement accounts as well. Kathleen did not seek any alteration of retirement benefits that may have accrued between the entry of the original decree and present-day; she instead requested that moving forward, the court grant her QDRO the same status as Duane's QDRO. Therefore, Duane's argument that the district court retroactively applied a change to the Utah Code fails.
III. Inequitable Amendment
¶19 Finally, Duane argues that it was inequitable for the court to amend the 1995 QDRO because Duane "stands the chance of losing more." Under the new rules, if the amended order stands and Kathleen predeceases Duane, he would suffer a diminishment in benefits. But Kathleen asserts, "Equity demands that both parties be under the same application of the rules for division of their respective retirement accounts." We do not see the question as whether the equities of the parties' positions should be re-evaluated. Instead, we view this collateral order through the lens of enforcement, specifically enforcing the equitable distribution of property established by the court many years ago.
¶20 In a stipulated divorce, the point at which the court weighs the equities is when it accepts the parties' stipulation and uses it as the basis for the decree.
See
Newmeyer v. Newmeyer
,
¶21 Where there is no petition for modification of the decree itself, the court does not bear the responsibility of re-weighing the equities for the parties after they have assented to the decree; the court's responsibility is to enforce the provisions of the decree as they exist.
See
Bayles v. Bayles
,
CONCLUSION
¶22 The district court properly exercised jurisdiction over the parties and the 1995 QDRO. The district court did not retroactively apply any part of the Utah Code to the 2015 QDRO. And finally, the district court did not need to reassess the equity arguments of the parties in entering a collateral order enforcing the original decree.
¶23 Affirmed.
"As is our practice in cases where [multiple] parties share a last name, we refer to the parties by their first name[s] with no disrespect intended by the apparent informality."
Smith v. Smith
,
A qualified domestic relations order instructs "the trustee of a retirement plan and specifies how distributions should be made, to whom, and when."
Bailey v. Bailey
,
Neither party cites any specific URS rule changes, but both parties agree that a rule change did occur "in or about 2000."
The parties agree that "neither Rule 59(e) nor 60(b) [of the Utah Rules of Civil Procedure] applies [regarding] the amendment of ... [Kathleen's] QDRO."
Reference
- Full Case Name
- Kathleen O. POTTS, Appellee, v. Duane E. POTTS, Appellant.
- Cited By
- 5 cases
- Status
- Published