Marriage of Williams CA1/4
Opinion
Opinion
Goldman, J.
DISCUSSION
Damon contends the trial court erred in setting aside its 2023 order because the evidence proves that his community property obligations have been paid in full. Damon argues that, because Yolanda’s community property interest was valued at $26,389.61 at the time of separation and a total of $32,796.66 had been withheld from his benefit payments as of the time of the 2023 order, Yolanda’s estate had been fully paid and he was owed
3 Damon’s opening brief raises several arguments regarding
matters not presently before this court, including several arguments challenging the underlying validity of the QDRO, rather than its satisfaction. Those arguments will not be considered.
3 a refund. Yolanda’s community property interest in Damon’s retirement benefits, however, was not merely a lump sum amount determined at the time of separation. While the 2008 order includes various conditions under which Yolanda might have been entitled, had she not passed away, to elect for the return of her “contributions to the Retirement Fund,” as set forth above, the order plainly entitled her to receive lifetime benefits following Damon’s retirement. Damon’s arguments to the contrary are…