Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marriage of Beck

Court of Appeals of Iowa

July 6, 2017

IN RE THE MARRIAGE OF JOHN M. BECK, JR. AND CATHERINE N. BECK Upon the Petition of JOHN M. BECK, JR., Petitioner-Appellant, And Concerning CATHERINE N. BECK, n/k/a CATHERINE N. SMITH, Respondent-Appellee.

         Appeal from the Iowa District Court for Benton County, Kevin McKeever, Judge.

         John Beck appeals an order denying his application to amend a qualified domestic relations order.

          Jennifer L. Zahradnik of Kollmorgen, Schlue & Zahradnik, P.C., Belle Plaine, for appellant.

          Gerald J. Kucera, Cedar Rapids, for appellee.

          Heard by Vaitheswaran, P.J., and Tabor and Mullins, JJ.

          VAITHESWARAN, Presiding Judge.

         John Beck appeals an order denying his application to amend a qualified domestic relations order (QDRO).

         I. Background Facts and Proceedings

         John and Catherine Beck married in 1997 and divorced in 2011. Before the dissolution decree was filed, the parties submitted a joint pretrial stipulation in which John asked to "receive one-half of [his] [Iowa Public Employees' Retirement System account (IPERS)] earned during the marriage" pursuant to the following formula:

Number of Years Married

× 50% (Marital Share) × Monthly Benefit Amount

Total Number of Years Worked

         The district court adopted John's proposal and included the following provision in the dissolution decree:

[Catherine] is awarded one-half of the value of [John's] IPERS account accruing during the marriage. A Qualified Domestic Relations Order shall be drafted by [John's] attorney to provide that [Catherine] shall receive her share of the accumulated benefits, utilizing the formula proposed by [John] in the Joint Pretrial Statement, unless the account can be divided without penalties or tax consequences by the holder of the account. [John's] attorney shall prepare the necessary paperwork to effectuate this division and the Court shall retain jurisdiction to enter all appropriate orders concerning the same.

         The court subsequently approved a qualified domestic relations order, which stated:

3. IPERS is directed to pay benefits to [Catherine] as a marital property settlement under the following formula: 50% . . . of the gross monthly or lump-sum benefit payable at the date [John] begins receiving benefits, multiplied by the "service ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.