Petitioner's Brief on the Merits - Supreme Court of Texas

STATEMENT OF THE CASE
Nature of the Case: Qualified Domestic Relations Order (“QDRO”) ∗ proceeding
enforcing a 1981 divorce decree.
Trial Court and its
disposition:
Parties in the Court of
Appeals:
Hon. Dan Gibbs, sitting for the 303 rd District Court,
Dallas County, signed two QDROs in which Treadway
received 25% of the community property interest in
Shanks’ defined contribution and defined benefit plans
for the time that the marriage and Shanks’ participation
in the plans overlapped (Sept. 26, 1967 – Aug. 3, 1981).
George P. Shanks
(Plaintiff /Appellee/Petitioner)
Kenda Carolyn (Shanks) Treadway
(Defendant/Appellant/Respondent)
Court of Appeals:
Judgment of the Court of
Appeals
Fifth Court of Appeals, Opinion (unpublished) by Farris,
J., sitting by designation, joined by James, J., and
FitzGerald, J., issued on November 17, 2000.
The court of appeals reversed the trial court and
remanded, finding that the unambiguous language in the
1981 divorce decree required that Treadway receive 25%
of Shanks’ defined contribution and defined benefit plans
valued when paid, an interpretation will result in
Treadway receiving a portion of his separate property as
well as the community property of a subsequent spouse,
both of which accrued after the 1981 divorce.
∗ See Glossary of Terms at Tab A. Given the technical language used in QDROs under the federal tax laws, Shanks
has provided the Court with a list of terms with definitions as they are used in the brief.
xi