NJSBA Family Law Section

Dear Colleagues:

I have a case where the Marx formula was not requested nor was it specified in the MSA as the method for drafting the QDRO. The QDRO preper brought this to the attorneys attention. There is a fairly substantial monthly difference if the Marx formula is used as opposed to it not being used.

 Is there any law, one way or the other, that bars  the court from imposing a Marx formula when it was not negotiated nor agreed upon, or which permits the court to judicially impose the Marx formula in these circumstances?

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Plaintiff's final argument is that "[t]he multitude of errors made in this case call out for a remand with specific directions from this court to straighten out what has become a convoluted morass." The record before us amply demonstrates that it had become a "convoluted morass" as a result of the improperly drafted judgment, the incorrect valuation in the April 5, 1994 pension appraisal, and the inartfully drafted consent order and amended judgment. The trial judge recognized the confusion and properly ordered the plenary hearing with the experts for both parties testifying. Our review of the record of that hearing convinced us that the judge diligently pursued each of the issues with both experts and both counsel in an effort to clarify what was done previously and what should be done to resolve the issues fairly, equitably and in accordance with the law. In our view, the judge correctly concluded that the Marx formula must be applied... 

Panetta v. Panetta, App. Div., 2004