Donita Dale Dowden v. Ronald J. Feibus

Excerpt

This appeal arose from post-divorce litigation concerning the trial court's distribution of marital assets, specifically the distribution of the marital portion of the husband's federal government pension to the wife. In its divorce decree entered on August 10, 2004, the trial court awarded to the wife "1/2 of [the husband's] Administrative Law Judge Government Pension through the date of this Final Decree." Upon the husband's appeal, this Court affirmed the trial court's judgment in all respects, including the trial court's award to the wife of one-half of the marital portion of the husband's pension. Dowden v. Feibus, No. E2004-02751-COA-R3-CV, 2006 WL 140404 (Tenn. Ct. App. Jan. 18, 2006) ("Dowden I"). The husband sought no further judicial review at that time. Following his retirement from federal employment on May 1, 2017, the husband received correspondence concerning the calculation of the wife's portion of his pension from the federal government's Office of Personnel Management ("OPM"). On August 2, 2018, the husband filed a "Motion for Clarification and/or Relief from Judgment" contending, inter alia, that OPM miscalculated the portion of his pension that would be diverted to the wife because the trial court's final decree was "too vague" and did not "provide sufficient guidance to OPM to allow them to correctly compute" the wife's interest in the pension. On December 6, 2018, the trial court entered an order finding that there was "no lack of clarity" in its final decree and denying the husband's motion. The husband has appealed. Having determined that the trial court did not err in denying the husband's motion, we affirm the judgment of the trial court and remand to the trial court for enforcement of the judgment. We decline to award attorney's fees on appeal to the wife.