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Greenmeyer v. Greenmeyer

Supreme Court of Wyoming

April 10, 2015

JACOB GREENMEYER, Appellant (Defendant),
v.
SANDRA KAY GREENMEYER, Appellee (Plaintiff)

Appeal from the District Court of Laramie County. The Honorable Thomas T.C. Campbell, Judge.

For Appellant: Dameione S. Cameron, Cameron Law Office, P.C., Cheyenne, Wyoming; David M. Korman, Korman Law Office, Laramie, Wyoming.

For Appellee: Donna D. Domonkos, Domonkos Law Office, LLC, Cheyenne, Wyoming.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

OPINION

Page 511

BURKE, Chief Justice.

[¶1] Sandra Greenmeyer was awarded a portion of Jacob Greenmeyer's railroad retirement benefits in the decree of divorce terminating their marriage. For reasons explored below, those benefits were paid to Mr. Greenmeyer. Ms. Greenmeyer filed a post-divorce motion seeking to recover the benefits. The district court granted the motion and entered judgment against Mr. Greenmeyer. He challenges that decision in this appeal. We will affirm.

ISSUE

[¶2] Did the district court err in ordering Mr. Greenmeyer to pay Ms. Greenmeyer the retirement benefits that were awarded to her in their divorce decree, but were paid to him?

FACTS

[¶3] The parties married in 1968 and divorced in 1994. The divorce decree awarded Ms. Greenmeyer a portion of Mr. Greenmeyer's retirement benefits:

That [Ms. Greenmeyer] is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of [Mr.] Greenmeyer's benefits under the Railroad Retirement Act (45 U.S.C. 231 et seq.) which may be divided as provided by Section 14 of that Act (45 U.S.C. 231m). [Ms. Greenmeyer's] share shall be computed by multiplying the divisible portion of [Mr. Greenmeyer's] monthly benefit by a fraction, the numerator of which is the number of years [he] worked for a railroad employer during the period of the marriage 6/2/68 through 12/1/94, and the denominator shall be [his] total number of years employed by a railroad employer at retirement, and then dividing the product by two.
Further, this Court will have continuing jurisdiction to modify this Decree of Divorce so as to assure its qualification as a Qualified Domestic Relations Order.

[¶4] Mr. Greenmeyer retired in March 2009 when he reached the age of sixty. He began receiving retirement benefits from the Railroad Retirement Board. The parties were not in communication with each other then, and Ms. Greenmeyer was unaware of his retirement until some years later. Upon reaching the age of sixty two, Ms. Greenmeyer ...


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