Legal Opinion

Barbee v. Barbee

Virginia Circuit Court

Decided January 21, 1991No. Case No. (Chancery) 115006Published

1Opinion of the Court

By JUDGE JACK B. STEVENS

This matter has been under advisement by the Court to consider the Fairfax County Police Officers Retirement System’s Motion to Vacate the Qualified Domestic Relations Order entered August 6, 1990. In support of their motion, the retirement system states as follows:(1) The order is not a Qualified Domestic Relations order because it required the plan to provide a form of benefit or option not otherwise provided under the plan;(2) The order effectuates an impermissible assignment of pension benefits;(3) The Court had no authority to order direct payments by the system…

2Cases cited8 opinions

  1. Young v. YoungSupreme Court of Pennsylvania · 1985
  2. Fischer v. FischerSupreme Court of New Jersey · 1953
  3. Faus v. FausSupreme Court of Minnesota · 1982
  4. Basile v. American Filter Service, Inc.Supreme Court of Virginia · 1986
  5. Byrum v. Lowe & Gordon, Ltd.Supreme Court of Virginia · 1983

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