Marriage of Couvrette
Ed Couvrette appeals the rulings of the family court: (i) ordering the transfer of funds from his 401(k) account to his former wife, Joanne Couvrette; (ii) increasing his spousal and child support obligations; and (iii) awarding attorney fees and sanctions. He contends that the court erred in ordering that funds in his 401(k) account be transferred to his former wife because the orders violated the automatic stay of judicial proceedings under the bankruptcy code; the 401(k) plan was not joined in the proceeding as required by Family Code[1]section 2060; and the orders were preempted by federal law. Ed also contends that the family court erred in increasing his support obligations because it did so based solely on an inadmissible hearsay declaration. Finally, Ed argues that the court violated his due process rights in imposing a $20,000 sanction against him, and improperly awarded his former wife $10,000 in attorney fees.
Court conclude that the court's orders which purported to authorize the transfer of funds from appellant's 401(k) were not "qualified domestic relations orders" as required under federal law, and are consequently invalid and unenforceable. We also determine that the family court improperly increased appellant's support obligations based on an inadmissible hearsay declaration, and that it improperly imposed the $20,000 sanction without first permitting Ed an opportunity to contest the basis for the sanction. Finally, Court reject appellant's attorney fee award challenge, concluding that appellant fails to demonstrate the requisite abuse of discretion.
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