Exhibits on Rivero Exhibit Three Section Four Continued

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The fourth variable Custody that is more than ordinary but less than shared under the statutory definition

Certain workers have paid in to "member’s contribution" accounts from the days when PERS had employee as well as employer-paid funding. That amount is refundable in certain circumstances, and may be applied to the (divisible) retirement in others, so it is important to know in any PERS case if there have been any employee contributions.4 Certain workers have paid in to "member’s contribution" accounts from the days when PERS had employee as well as employer-paid funding. That amount is refundable in certain circumstances, and may be applied to the (divisible) retirement in others, so it is important to know in any PERS case if there have been any employee contributions.4 If the spouse dies before retirement (whether the parties are married or divorced), no spousal consent is needed to waive the SBP. If the spouse dies during marriage but after retirement, SBP premium deduction stops as soon as the military pay center is informed of the spouse's death. Most reviewing courts have either found or simply assumed that Mansell is applicable in litigation concerning post-divorce recharacterizations by retirees, and attempted to apply it to resolve the cases before them. Nevertheless, those appellate courts have almost uniformly reached the same ultimate destination as the court in Krempin, by means of a longer analysis. The essential lesson of this jurisdictional point (for the spouse) is to never take a default divorce against an out-of-state military member if seeking to divide the retirement benefits. The resulting judgment will not be enforceable; if valid jurisdiction under both State and federal law cannot be achieved, then the action may have to be dismissed and re-filed in the State in which the military member resides. The first "break in the dam" was the modest "combat-related special compensation" or "CRSC," pay put in the 2003 Defense Authorization Act. It granted an additional payment to two (relatively small)1 categories of retirees: those with 20 or more years of service who were receiving disability compensation for which they also received a Purple Heart medal; and those with 20 or more years of service who were receiving disability compensation rated at 60% or higher as a result of injuries suffered in combat or "combat-like" training.2 In Texas, a court found that the trial court could neither divide the retired pay waived for VA benefits, nor divide the sums waived under the dual compensation law, in an attempt to comply with the United States Supreme Court's directives in Mansell. The State high court concluded that the result reached by the trial court was "fair and equitable and within its authority." The court went on to approve prior holdings stating that whenever a retiree has a choice of electing retirement or disability benefits, and chooses the latter, for whatever reason, he "could not by electing to take a disability award rather than a regular retirement eliminate the community interest in the award."7 First, their retirement benefits multiplier was reduced by one percentage point for each full year less than 30 years of service.4 Under this plan, at age 62, the reduction is removed and the retired pay multiplier is restored to 2.5% per year, yielding the same percentage payable under the earlier system.5 When reviewing the language of divorce decrees issued after Mansell (i.e., after 1989), courts (especially in earlier years) sometimes examined the decrees at issue for "safeguard" clauses or "indemnification for reduction" clauses, as necessary indicators of intent to protect spouses from members’ recharacterization of benefits. Where such intent was found, even by implication, the member has been required to reimburse the former spouse for all sums his actions caused to be redirected from the former spouse back to him.2 If it is feared that the abducting parent has some likelihood of trying to get a custody order in the local state courts, in an effort to frustrate or confuse the proceedings, it is probably worth taking the time to obtain a Notice of Stay of Custody Proceedings, which recites Article 16 of the Hague Convention. This should be served on the respondent, and can be filed in the state court if a custody action is initiated by the abducting parent. Such a notice should always be obtained if counsel is aware of any ongoing or concurrent custody proceedings; its filing puts all parties and courts on notice that the Convention prohibits any court from making a custody determination due to the filing of the Petition. Other states are beginning to look at this issue differently, and perhaps Nevada is as well. The existing law in Nevada with regard to domestic violence sets forth certain unlawful acts which constitute domestic violence against persons, and is basically used to determine who may obtain a temporary order of protection.1 Originally, the statute included destruction of property as a specific factor, which included destruction of domestic animals. In recent legislation, however, a state Senate panel passed a bill allowing the Courts to take action against domestic abusers who try to harass their partners by hurting the family pet.2 It is at this point a truism that retirement benefits, usually the most valuable asset of a marriage, are divisible upon divorce to at least the degree to which they were accrued during the marriage.  This is particularly true of military marriages, in which frequent moves are the norm and there is often less opportunity to accumulate large real estate equity. However, once a valid court order is issued requiring coverage, the one year period begins to run, and any subsequent court order that merely reiterates, restates, or confirms the right of coverage as SBP beneficiary cannot be used to start a new one-year election period.5 How then to explain the series of bad choices and misfires in the decisions being issued? Not perceiving the practical unworkability of Rivero I. The missed opportunity to clarify the mess of NRS 125.155, in Hedlund. Undermining the uniformity of the uniform act in Ogawa. Making it nearly impossible in many divorce cases to get paid, through Argentena. Needlessly mucking up the law governing dissolution of cohabitant relationships (while demoting family court judges to the rank of "junior grade") in Landreth. Congress was concerned that a forum-shopping spouse might go to a State with which the member had a very tenuous connection and force defense of a claim to the benefits at such a location. Military members accrue thirty days of leave each year. If not used, it accrues throughout service, and is worth its monthly equivalent pay, although newer regulations limit the amount of leave that can be accrued to 60 days, with some exceptions. States vary on whether or not unused vacation or sick pay (and thus, by analogy, accrued but unused military leave) constitutes "property" for equitable or community property division.7 An example might prove useful to illustrate this discussion. Presume a worker who was employed for exactly 20 years, and was married to wife one for the first ten, and wife two for the next ten, retiring on the day of divorce from wife two. Presume he had started work at $20,000 per year, and had enjoyed 5% raises every year. That would make his historical earnings look like this: In fact, Tomkins itself is such a case - the first fee dispute panel found that the straight hourly value of the time put in by Marquis & Aurbach was $23,000, but that a "reasonable fee" would be $75,000. The only reasonable construction of the $50,000 additur was that it was added under the "novelty, difficulty, and skill," and "amount involved and results achieved" subsections of RPC 1.5. The California Supreme Court adopted the Court of Appeals decision, with a few more changes, as its own. It held that the 1974 case law permitting division of military retirement benefits could be retroactively applied, that actions to partition omitted assets were explicitly permitted under California law, and that McCarty was not to be construed as acting retroactively.

You can find Exhibits on Rivero Exhibit Three Section Four Continued Division of Military Retirement Benefits in Divorce Section B Hedlund Amicus Brief Discussion of Issues Requested In Search of a Coherent Theoretical Model for Alimony Rivero State Bar Amicus Brief Subsection II A Nevada UCCJEA expert An Introduction to Pensions in Nevada Divorce Law Section I Subsection B Money from People in the Military What Can and Cant Be Done Section IV Subs New Developments in Jurisdiction military spouses Substantive Issues The Childs Habitual Residence at the Time of Removal or Military Reservists Division 50 50 or other Welfares Appearance in the Vaile Matter The Marren and Page Case List Boulter v Boulter The Marren and Page Khaldy v Khaldy Garner fraud on the court client need not sign order The Marren and Page Case List Abell v Second Judicial District Court Cole v The Analogous Cases Involving Early Outs Exhibits on Rivero Exhibit Three Section Four Continued available at lvfamilylawyer.com by clicking above.

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