Matter of Lemieux

The petitioner, Richard R. Lemieux, appeals an order recommended by a Marital Master {Rein, M.) and approved by the Superior Court (McHugh, J.) dismissing his petition to bring forward and approve a qualified domestic relations order (QDRO). The primary issue in the case is whether the trial court erred when it found that the petitioner failed to state a claim for reformation based upon mutual mistake of law. We reverse and remand.

The record supports the following facts: The petitioner, a federal employee, has a pension plan with the federal civil service retirement system. He and the…