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King v. King

Court of Appeals of Texas, Fifth District, Dallas

March 9, 2017

MEREDITH KING, Appellant
v.
GILBERT DWAYNE KING, Appellee

         On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-15-1086

          Before Justices Evans, Stoddart, and Boatright

          MEMORANDUM OPINION

          JASON E. BOATRIGHT, JUSTICE

         Appellant Meredith King filed a petition for post-divorce division of property, alleging that the parties' divorce decree failed to award or divide appellee Gilbert Dwayne King's total retirement benefit. The case proceeded to trial before the court. After hearing evidence, the trial court granted Dwayne's[1] motion for judgment. In a single issue, Meredith contends the trial court erred by denying Meredith's request for post-divorce division of property. We affirm.

         Background

         Dwayne participated in the Texas Municipal Retirement System ("TMRS"). Meredith alleges that Dwayne's TMRS plan had two parts, (1) Dwayne's individual contribution and (2) the municipality's matching contribution, but that their divorce decree addressed only the individual contribution, not the matching one. The decree provided in relevant part:

Property to Husband
IT IS ORDERED AND DECREED that the husband, Gilbert Dwayne King, is awarded the following as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that property: . . .
H-4. Husband's TMRS account with the City of Mesquite, except for the amount of $32, 000.00 of Husband's TMRS which is awarded to Wife.
H-5. Husband's deferred compensation plan. . . .
Property to Wife
IT IS ORDERED AND DECREED that the wife, Meredith Lyn King, is awarded the following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property: . . .
W-4. Wife's TRS, Vanguard and 457 account. . . .
W-7. The equivalent of $32, 000.00 from husband's TMRS, plus any interest on that award after July 22, 2014 ([date] of mediation) to be awarded to wife through a ...

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