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Domestic Relations Order Must Conform to Stipulation of Settlement

The Second Department noted that a domestic relations order must conform to any relevant stipulation.  If it does not conform, it must be amended to conform:

“Where a [domestic relations order]; is inconsistent with the provisions of a stipulation or judgment of divorce, courts possess the authority to amend the [domestic relations order]; to accurately reflect the provisions of the stipulation pertaining to the pension benefits” … . “A proper [domestic relations order]; obtained pursuant to a stipulation of settlement can convey only those rights to which the parties stipulated as a basis for the judgment”… . Mondshein v Mondshein, 2014 NY Slip Op 03806, 2nd Dept 5-28-14

 

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