Domestic Relations — Equitable Distribution – Retirement Account – QDRO – Constitutional – Due Process

Digh v. Digh (Lawyers Weekly No. 14-16-0999, 11 pp.) (Rick Elmore, J.) Appealed from Burke County District Court (Sherri Elliott, J.) N.C. App. Unpub.

Holding: Since defendant stipulated to the terms of a 1998 consent judgment, he cannot now argue that the trial court erred in entering a 2009 order, which is premised entirely on the agreed-upon terms set forth in the 1998 judgment.

We affirm the trial court’s denial of defendants’ motions under N.C. R. Civ. P. 59 and 60(b)(4).

Contrary to defendant’s argument, he was afforded due process at the time he consented to the terms of the 1998 judgment. Defendant signed the 1998 judgment before a notary, and the 1998 Judgment specifically states “WE CONSENT” above the signature line. The terms of the 1998 Judgment clearly provide for the entry of a Qualified Domestic Relations Order if required by the Plan Administrator of the State of North Carolina Teachers’ and State Employees’ Retirement System, and it specifically directs the Plan Administrator to make monthly payments “directly to the Plaintiff of the amount which equals fifty percent (50%) of the Defendant’s account” from the date of the parties’ marriage to the date of their separation.

A review of the record reveals that defendant agreed to the terms set forth in the 1998 judgment, and the calculation of plaintiff’s interest in defendant’s retirement contributions and benefits earned during the marriage and prior to the date of separation set forth in the 2009 order is correct and reflects the agreed-upon terms.

Affirmed.