Second DCA Affirms Admittedly Incorrect QDRO

The Second District Court of Appeal affirmed today in Franklin v. Patterson-Franklin, a case centering around a QDRO dividing the marital portion of the Former Husband’s employee stock ownership plan.  While the Second District acknowledged that there were multiple mathematical errors in the QDRO, the largest of which gave the Former Wife a thirty-two thousand dollar plus windfall in her favor.  Unfortunately, however, as neither party caught the mistake in time for rehearing or an appeal of the Final Judgment, the argument was raised for the first time on appeal of the QDRO, and therefore rejected.  In a happy coincidence of tipsy coachman-hood, however, a second error resulted in the accidental attribution of an additional thirty-two thousand dollars in debt to the Former Wife she should not have been assigned.  Again, this issue was never raised in a timely fashion, meaning that the errors cancel each other out, for the most part.