Summary
affirming entry of QDRO to enforce money judgments for attorney's fees incurred by plaintiff in attempt to compel defendant's compliance with child support obligations contained in settlement agreement incorporated but not merged into parties' divorce judgment
Summary of this case from Silverman v. SpiroOpinion
February 15, 1996
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
The IAS Court properly entered a Qualified Domestic Relations Order to aid enforcement of two money judgments for attorneys' fees incurred in plaintiff's numerous attempts to compel defendant's compliance with his child support obligations contained in a settlement agreement incorporated but not merged into the parties' divorce judgment ( see, e.g., Adler v. Adler, 203 A.D.2d 81; 176 A.D.2d 162). Since awards of attorneys' fees were authorized under Domestic Relations Law §§ 237 and 238 and "relate[d] to the provision of child support", the Qualified Domestic Relations Order in issue clearly falls within the definitional requirements of the Internal Revenue Code an the Employee Retirement Income Security Act ( 26 U.S.C. § 414 [p] [1] [B] [i]; 29 U.S.C. § 1056 [d] [3] [B] [ii] [I]; CPLR 5205 [c] [4]).
Concur — Murphy, P.J., Wallach, Ross, Nardelli and Tom, JJ.