GILMORE v. GILMORE

No. 28,486.

227 P.3d 115 (2009)

2010-NMCA-013

Benae Francine GILMORE n/k/a/ Benae Francine Rochin, Petitioner-Appellee, v. Edwin James GILMORE, Respondent-Appellant.

Court of Appeals of New Mexico.

December 15, 2009.


Attorney(s) appearing for the Case

Atkinson & Kelsey, P.A., Patrick L. McDaniel, Albuquerque, NM, for Appellee.

Kretek Law Office, LLC, Charles C. Kretek, Deming, NM, for Appellant.


OPINION

SUTIN, Judge.

{1} This case involves the division of retirement benefits between Benae Francine Gilmore (Wife) and Edwin James Gilmore (Husband) under a State of New Mexico defined benefits plan. A California court granted the parties' divorce through a default judgment in 1994 and issued a qualified domestic relations order (the QDRO) in 2006 awarding Wife a portion of the benefits under a formula that was based on the time-rule method...

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