In re the Marriage of Schelp

I respectfully dissent from that part of the majority opinion which affirms the trial court's order reopening the permanent: orders and awarding the entire marital portion of Rainer Schelp's (husband's) AMPEX pension to Catherine Schelp (wife).

In this case, the marriage was dissolved and permanent orders were entered in May 2004. Over ten months later, wife filed a motion to reopen permanent orders. On January 18, 2006, the trial court amended the permanent orders. Relying on C.R.C.P. 60(b), husband argues that the trial court erred as a matter of law in reopening the permanent orders more…