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Recent Decisions Every New York Family Law Practitioner Should Know

By Timothy M. Tippins
October 01, 2003

The Court of Appeals decided a number of important family law cases over the past year, addressing an array of issues ranging from technical questions of the interface between the Employee Retirement Income Security Act of 1974 (ERISA) and common law waiver to fundamental issues of protecting children from severe abuse and ensuring their support rights under the Child Support Standards Act.

Death Benefits

In Silber v. Silber, 99 N.Y.2d 395, 757 N.Y.S.2d 227, 786 N.E.2d 1263 (2003), the court held that a Qualified Domestic Relations Order can operate as a waiver of a beneficial interest in an ERISA pension plan, even absent compliance with the change of beneficiary requirements promulgated by the plan. To do so, the QDRO must reflect a voluntary, explicit and good-faith waiver.

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