Karl Tucker v. Jammie Tucker n/k/a Jammie Renae Lancaster

Summary

The Florida Fifth District Court of Appeal held that a trial court improperly used Florida Family Law Rule of Procedure 12.540(a) to make a substantive change to a Qualified Domestic Relations Order by restoring the former wife's entitlement to a share of the former husband's DROP benefits. Because the requested relief potentially fell under Rule 12.540(b), but was sought more than one year after entry of the QDRO, the court concluded that the trial court lacked authority to enter the corrective order. The appellate court quashed the corrective order and remanded with instructions to restore the parties' rights under the original 2021 QDRO.

Holdings

1. Florida Family Law Rule of Procedure 12.540(a) authorizes correction of clerical mistakes, accidental slips, omissions, and similar nonsubstantive errors, but does not authorize a trial court to make a substantive change to the parties' rights under a judgment or QDRO. Striking the provision excluding Former Wife from DROP benefits and awarding her a share of those benefits was a substantive change.
2. Relief under Florida Family Law Rule of Procedure 12.540(b)(1) or (3) was unavailable because Former Wife filed her motion more than one year after entry of the 2021 QDRO.

Questions Presented

1. Whether the trial court could use Florida Family Law Rule of Procedure 12.540(a) to strike a QDRO provision excluding Former Wife from DROP benefits when doing so substantively changed the parties' financial rights.
2. Whether relief from the 2021 QDRO was available under Florida Family Law Rule of Procedure 12.540(b) despite Former Wife's motion being filed more than one year after entry of the QDRO.

Disposition

reversed_and_remanded