Counsel brought a long-running domestic-relations enforcement matter concerning retirement distributions and a qualified domestic relations order (QDRO). The petitioner’s attorney explained that a QDRO has been finalized so the petitioner began receiving her portion of the retirement account on Oct. 1, 2024 and is receiving $1,478.21 per payment. Counsel stated that beginning in August 2021 the respondent, Mr. Christmann, began receiving payments that included sums allocable to the petitioner and that counsel calculated an overpayment to the respondent totaling $52,986.43 for the period from August 2021 until the petitioner began receiving payments in October 2024.

Respondent’s counsel said the respondent made efforts (including work with a Maryland attorney and delivering drafts to the petitioner) prior to retirement but that delays by the petitioner in responding contributed to the timing. The judge noted that, regardless of the circumstances, where funds belonging to another were received, they typically must be returned. The judge described options: find a judgment for the petitioner and leave collection to her, enter a judgment and impose a payment schedule, or otherwise resolve the matter after a hearing on the parties’ financial ability.

Because the respondent represented that he lacked funds to make a large lump-sum repayment and the counsel indicated the numbers were not in dispute, the judge encouraged the parties and their counsel to attempt to negotiate a payment schedule. The judge passed the case (meaning he delayed further action) to allow the parties a chance to work toward an agreed resolution and warned that if they could not reach terms the court would “do something arbitrary that neither of you may like.”

Ending: The judge instructed counsel to attempt to negotiate a repayment plan given the calculated overpayment of $52,986.43; if settlement fails, the court will reassert jurisdiction to enter a judgment and potential payment schedule or other remedies after a follow-up hearing.