In Re Williams

ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT RE: QDRO ISSUES

Plaintiffs motion for partial summary judgment re: QDRO issues and EW & C and the Williams Defendants’ cross-motions for summary judgment came on regularly for hearing before this Court on May 24, 1999. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Plaintiffs motion for partial summary judgment is GRANTED. EW & C and the Williams Defendants’ motions for summary judgment are DENIED.

I. Background

The issues presented in this case arise in large part from the parties’ dispute regarding the application of law to the Marital Dissolution Judgment (“Dissolution Judgment”) between Plaintiff Shannon Wilcox, a.k.a. Mary Williams (“Plaintiff’) and Defendant John Elbert Williams (“Williams”). Specifically, the parties raise, by cross-motions for summary judgment, the issue of whether the Dissolution Judgment already constitutes or could be modified to constitute a qualified domestic relations order (“QDRO”) as such term is defined by the Employee Retirement Security Act of 1974, as amended (“ERISA”) (Title 29 of the U.S.C.), in connection with…