I'm handing a postjudgment case where I wasn't trial counsel (8 years ago). Although required by the judgment, a QDRO was never entered. The PSA addresses the survivor interest, but doesn't address (is silent on) cost of living increases, disability payments, or a proportionate share of incentive an/or benefit enhancements. The QDRO company included / addressed these in the (never finalized or filed) draft order, and my adversary is balking at including them.
I think there's a case that addresses how a QDRO's provisions should be handled when a PSA is silent about them, but don't recall the name of it (it's been many years since this issue has come up).
Does anyone know the case (or other authority that would address this issue)?
Thanks
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