law-post-divorce-actions | family law caselaw |
THOMAS EARL GAINOUS v. BRENDA JOYCE GAINOUS; from Harris County; 1st district
(01-04-00427-CV, 219 SW3d 97, 12-21-06, pet. denied)(several separate opinions) (post-divorce actions)
OPINION ON REHEARING
Appellant, Brenda Joyce Gainous ("Brenda"), has moved for rehearing of the Court's August 24, 2006
judgment. Appellee, Thomas Earl Gainous ("Thomas"), has filed a response to Brenda's motion. After due
consideration, we grant Brenda's motion for rehearing and withdraw our opinion and judgment dated August 24,
2006. We issue this opinion and judgment in their place.
Brenda appeals from the judgment denying her motion for enforcement or, alternatively, motion for clarification
of the 1995 divorce decree between herself and her former husband, Thomas. We determine (1) whether some
of Brenda's challenges were collateral attacks, which could be raised after the trial court's plenary power had
expired, on a post-divorce qualified domestic relations order ("QDRO") and (2) whether the divorce decree
awarded Brenda half of Thomas's benefits under the Houston Firemen's Relief and Retirement Fund ("the
Fund"). (1) We reverse the judgment and remand the case.