CourtListener opinion 1067269

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COURT OF APPEALS OF VIRGINIA

Present: Judges Benton, Annunziata and Senior Judge Duff
Argued at Alexandria, Virginia

JOHN F. WILSON
 OPINION BY
v. Record No. 1743-96-4 JUDGE ROSEMARIE ANNUNZIATA
 NOVEMBER 4, 1997
GEORGIA ANNE WILSON

 FROM THE CIRCUIT COURT OF ARLINGTON COUNTY
 Paul F. Sheridan, Judge
 John F. Wilson, pro se.

 No brief or argument for appellee.

 Husband, John F. Wilson, and wife, Georgia Anne Wilson, were

divorced by final decree entered in March 1991. Husband appeals

the trial court's decision to enter a Qualified Domestic

Relations Order (QDRO) amending the final decree of divorce. He

appeals a separate order requiring him to pay past due child

support and argues that he should be granted restitution for

amounts he overpaid. Husband further contends that the trial

court erred (1) in finding that it had jurisdiction to hear

wife's petition for an award of attorney's fees incurred on a

previous appeal to this Court; and (2) in requiring him to verify

to the court his income for the years 1992 through 1994. For the

reasons set forth below, we affirm in part and reverse in part.

 I. ENTRY OF QDRO

 The final decree of divorce entered in March 1991 provided,

in part:
 [Husband] will pay thirty percent (30%) of
 the marital share of his Federal Reserve
 pension each month if, as and when he begins
 receiving the pension. Marital share is
 defined as that portion of the total
 interest, the right to which was earned
 during the marriage and before the last
 separation and is represented by the fraction
 having a numerator of 16 (representing the
 years during the marriage which [husband's]
 service was credited toward his pension) and
 a denominator (T), presently unascertained,
 to reflect the total number of years to be
 credited towards [husband's] retirement. The
 complete formula is .30 x 16/T x pension.

After the divorce, husband resigned from the Federal Reserve.

The Qualified Domestic Relations Order (QDRO) outlined in the

final decree did not qualify as a QDRO under federal law and, as

such, did not effectuate the terms of the final decree with

respect to husband's pension. Accordingly, in December 1992, the

trial court entered an order which provided, in part:
 [T]he pension benefits awarded to [wife] in
 the Final Decree are her property in which
 she has sole ownership rights and as such she
 is entitled to designate beneficiaries.
 [Husband] is ordered to agree to the
 amendments to the Final Decree of Divorce
 necessary to have it qualify as a valid
 Qualified Domestic Relations Order (QDRO) in
 accordance with the requirements of the
 Federal Reserve and to promptly sign any
 documents which are necessary to effect same.

Pursuant to that order, wife presented a proposed QDRO for

husband's signature at the December 1992 hearing.

 Subsection e of the proposed QDRO defined wife's share of

husband's pension according to the formula set forth in the final

decree. By handwritten amendment, however, the terms of

subsection e were modified to provide that wife would receive

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 \30% of any Federal Reserve pension as may be accrued from