West Virginia Record

Tuesday, December 10, 2019

Firefighter claims ex-wife's interest in his pension was wrongly filed


By Bree Gonzales | Feb 27, 2019

Law money 07

PRINCETON — A Mercer County resident is suing his ex-wife and a city government seeking action pursuant to W. Va. Code 55-13-1 for the court to declare his rights and those of his former wife pertaining to his pension. 

Dwayne I. Harvey filed a complaint in Mercer Circuit Court against Donna J. Standifur and the City of Princeton alleging that they filed a wrong Qualified Domestic Relation Order.

According to the complaint, Harvey alleges that when he and Standifur divorced in 1999, the settlement allocated Harvey's pension through the City of Princeton Fireman's Pension and Relief Fund.

The plaintiff holds Donna J. Standifur and the City of Princeton responsible because allegedly the QDRO prepared by Standifur's counsel was in the format of a defined contribution plan, which is incorrect because Harvey's pension is a defined benefit plan. The City of Princeton failed to recognize the deficiency and failed to notify the parties that an amended QDRO stating the correct plan should be submitted.

The plaintiff requests a trial by jury and seeks the Court to enter an order awarding Standifur a lump sum of $6,272.91 as being her full interest in his pension, seeks that the City of Princeton be ordered to be bound by the declaration of the right between the parties by the court and seeks that the defendants pay his attorney's fees and cost incurred in this action. He is represented by Harold B. Wolfe III in Princeton.

Mercer Circuit Court Case number 19C14

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Mercer Circuit CourtHarold B. Wolfe III

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