Hedlund Amicus Brief CONCLUSION

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PERS should be directed to comply with this Courts prior discretion as to how payments should be made and to whom

The parties had a prenuptial agreement whereby the husband agreed to pay to the wife $200 for each month the parties were married. The husband contended that any obligation that he might have for spousal support (temporary or otherwise) was settled by the prenuptial agreement. The Supreme Court held that temporary spousal support payments do not apply toward a post-divorce obligation to pay alimony per a property settlement agreement. The prenuptial agreement is a contractual obligation, devised to provide for the wife after divorce, and is separate entirely from the order for temporary support issued by the court during the divorce proceedings. If "provisional remedies" are being requested, that fact should be requested in the Petition. Such a request is discussed in more detail in the following sub-section of this article. I realize that this is not "how such things are done" normally. But look at the alternatives. We have, on the one hand, a family law Bar increasingly frustrated by the lack of understanding of the implications of decisions being rendered, and on the other a very busy Court doing what it can to provide substantial justice while staying on top of its case load. Seems to me that a little "out of the box" thinking might be appropriate for both. The Supreme Court affirmed that the district court was authorized to make an award of husband’s separate property for the support or the wife and  hildren because it was permitted by statute. 3. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. The court shall consider each case individually before granting either the basic visitation or shared responsibility adjustment to insure that the adjustment does not place an undue hardship on the custodial parent or have a substantial negative effect on the child's standard of living. The Supreme Court affirmed. The Court noted and concluded that there was nothing in the statutes to prevent the district court from awarding an additional amount of child support based on some factor other than increased need. The Court noted the factors cited by the district court fell within those listed in NRS 12SB.080(8) as factors that the district court should consider when adjusting the amount of child support. The Court further noted the extensive evidence of wealth of the father which included income tax returns and property holdings. The Court concluded that the district court did not abuse its discretion in making the child support award in excess of the statutory amount based on these factors. As a treaty entered into by the United States, the Hague Convention is on par with the Constitution of the United States, and supersedes any conflicting statute, case, or rule. The objectives of the Convention are: under Article 1(a), to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and under Article 1(b), to ensure that the rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.5 65279;The Fifth Circuit has simply held that an award to a former spouse of a portion ofthe retired pay as property made it her separate property from that day forward, leaving no "debt" to be discharged or otherwise addressed by the bankruptcy court.l'" The Ninth and Eighth Circuits have generally agreed with this principle, although their opinions diverge on the question of arrearages. There are other specialized retirement benefits not often seen in Nevada divorces. Foreign Service and CIA pensions have their own regulations similar to those for other federal employees, and giving a presumptive share of the retirement benefits to a spouse if the marriage lasted at least ten years, at least five of which overlapped service abroad. Railroad retirement has its own specialized rules, which provides a statutory benefit for divorced spouses who were married for at least ten years.9 Tier I benefits are similar to Social Security, and different from military or Civil Service plans, in that payments to the spouse do not reduce the benefit being received by the retiree. Tier II benefits, however, are apparently divisible as community property, and the usual "zero sum game" approach applies to them, as with all regular retirement benefits.10 In the instant case, the district court first found that the [residence] was community property and then improperly apportioned that property between separate property and community property interests without first finding that the property had either been transmuted back into separate property or had been substantially enhanced in value by separate property contributions. . . . SUP> The next year, in Putterman v. Putterman,9 the Nevada Supreme Court held that both the husband’s financial misconduct in the form of refusing to account to the court concerning earnings and other financial matters, and his lying to the court about his income, provided compelling reasons for an unequal disposition of community property.10 The Court also noted, in dicta, that other possible "compelling reasons" for an unequal division of community property could include negligent loss or destruction of community property, unauthorized gifts of community property, and even, possibly, compensation for losses occasioned by marriage and its breakup.11 The vacancy in Department D occurred on July 1, 2008, when Judge Hardcastle retired. On August 22, 2008, in accordance with Nevada Constitution Article 6, Section 20(1), the Governor appointed Robert Teuton to Department D from among three nominees selected by the Commission on Judicial Selection. This is where military cases are different from all other retirement division cases. Congress was concerned that a forum-shopping spouse might go to a state to which the member had a very tenuous connection and force defense of a claim to the benefits at that location. The appellate court restated the question as being the time of valuation, with the choices being the sum the husband would have been able to receive if he had retired at divorce, or the sum payable at retirement. The court acknowledged that the longer the husband worked after divorce, the smaller the wife’s portion became. The court accepted the wife’s position that to "lock in" the value of the wife’s interest to the value at divorce, while delaying payment to actual retirement, prevented the wife from "earning a reasonable return on her interest." PAN style="FONT-FAMILY: Times New Roman; FONT-SIZE: 12pt"> Obviously, when one party to a marriage contributes less to the community property than the other, this cannot, especially in an equal division state, entitle the other party to a retrospective accounting of expenditures made during the marriage or entitlement to more than an equal share of the community property. Almost all marriages involve some disproportion in contribution or consumption of community property. Such retrospective considerations are not and should not be relevant to community property allocation and do not present ´compelling reasons’ for an unequal disposition; whereas, hiding or wasting of community assets or misappropriating community assets for personal gain may indeed provide compelling reasons for unequal disposition of community property. Matters are even worse outside the U.S. Where the member refuses to consent to service, all the procedures set out in the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents1 may come into play; the U.S. has been a signatory since February 10, 1969. As framed by the United States Department of State circular on the topic: Ultimately, the matter was remanded to State court. Ironically, that court ruled that the previously-ordered flow of payments from the member to the spouse, put into place prior to the appellate Mansell decision, was res judicata and could not be terminated.3 In other words, the United States Supreme Court opinion had no effect on the order to divide the entirety of retirement and disability payments in the final, un-appealed divorce decree in the Mansell case itself. The parties were divorced in 1998. The mother was primary custody. After custody disputes, the father received primary custody with the mother paying $100 permonth in support. The mother then filed a motion for custody and the father filed for an order to show cause for the mother’s alleged failure to pay support. The district court concluded that because the mother was receiving supplemental security income (SSI) and social security disability benefits (SSD), it was prohibited from ordering her to pay child support. With repeal of 32 C.F.R. § 63.6, look for current regulations (in flux, but start with Dept. of Defense Financial Management Regulation Volume 7B, Chapter 3 (October, 2000» The 1970s saw the law of property division throughout the country evolve toward "equitable distribution," which increasingly resembled a community property scheme in which divorce courts were to ascertain, and divide, the property acquired by both parties during the marriage. The national legal community developed a consciousness of the importance of retirement benefits, resulting in a larger number of military retirements being considered directly or indirectly - in property settlements and divorce decrees. Still, there was no enforcement mechanism, and in 1980 the treatment of military retirement benefits still varied widely. Most reviewing courts, however, have either found or simply assumed that Mansell is applicable in litigation concerning post-divorce recharacterizations by retirees, and attempted to apply it. Nevertheless, those appellate courts have almost uniformly reached the same conclusions as the court in Krempin, by other means. To initiate a "deemed election," the former spouse must file a written request with the appropriate Service Secretary requesting that the election be deemed to have been made. The written request must be filed within one year of the date of the court order.3 There are various technical requirements. The rules for modifying child custody orders, on the one hand, and child support orders, on the other, are radically different. As set out above, when all parties leave the State establishing a custody order, the Home State of the child becomes the central inquiry. Not so for a child support case. When all parties have left the State with CEJ over child support, they are both entitled to enforce the support anywhere they choose to register it. In order to modify it, however, each has precisely the same burden - to register in and move to amend where the other party (custodian or non-custodian) happens to be living.1 For many years, members of Congress introduced "concurrent receipt" bills of various sorts seeking to repeal, to a greater or lesser extent, the requirement of waiver of longevity retired pay in order to receive disability pay. Of course, any such program would cost the government the entirety of the additional VA payment, which is why it was resisted so strenuously for so long. Sometimes, this focus is revealed in contempt cases, as in the 1995 Texas Court of Appeals rejection of a retiree’s claim that federal law made him "exempt" from contempt sanction after he waived retired pay in favor of disability benefits.2 This is one of the cases that have labeled a post-divorce recharacterization of benefits as an improper "collateral attack on a final unappealed divorce decree."3 As noted by Edmund Burke, "All that is necessary for the triumph of evil is for good men to do nothing." It seems to me essential to have a neutral advisory presence in the legislature to prevent the kind of selfish stupidity exemplified by A.B. 292 from becoming the law of this state. We owe it to the system we serve, and to our collective clients, strong and weak, rich and poor, to prevent the statutory law from being twisted to serve the purposes of a few political insiders rather than the public generally. B> After years of pressure by Clark County Legal Services and other agencies, the Clark County District Attorney’s Office finally agreed to start calculating and collecting interest on judgments as of about 2005. In the meantime, political consolidation within the Nevada Welfare bureaucracy brought the District Attorneys of the various counties under the effective control of the State Welfare Division,1 resulting in a few political games, some unfortunate choices and orders, and some less than forthright assertions as cover. The parties had a prenuptial agreement whereby the husband agreed to pay to the wife $200 for each month the parties were married. The husband contended that any obligation that he might have for spousal support (temporary or otherwise) was settled by the prenuptial agreement. The Supreme Court held that temporary spousal support payments do not apply toward a post-divorce obligation to pay alimony per a property settlement agreement. The prenuptial agreement is a contractual obligation, devised to provide for the wife after divorce, and is separate entirely from the order for temporary support issued by the court during the divorce proceedings. The tools are available to our courts to raise the bar at least to the minimum standards that every law school graduate expects when they begin their practice of law. Allowing even one practitioner (no matter how long they have practiced) to slip by without accountability is a slap in the face to the profession. d) If a prima facie case is made for deviation in either direction. determine whether the benefit that would be enjoyed by the deviation-seeking party and the child is greater, lesser, or the same as the detriment that would be suffered bv the other party and the child. Only where the benefit is greater than the detriment - usually measured by comparison of household income would the deviation be Qranted. 2. Notwithstanding any other provision of this chapter, if a court order provides for extended visitation between an obligor and a child living with an obligee, the support obligation presumed to be the correct child support amount due on behalf of all children of the obligor living with the obligee must be determined under this subsection. When the parties divorce while the member is still on active duty, however, they do so prior to the time of making an election regarding the SBP. If the matter remains unaddressed at divorce - by the machinations of the member-spouse, or innocently,4 the now-former spouse does not have the waiver right of a current spouse. It is therefore possible for the member to cancel the SBP entirely, or to name some third party (usually, a later-acquired spouse) as beneficiary. So the father tried again, this time in federal court, and expressly under the Convention and ICARA. The federal judge, however, found that the father’s visitation and ne exeat rights were those of "access," not "custody," and therefore found that return was not authorized under the Convention. The Fifth Circuit affirmed, using a dictionary definition of "custody" and finding that a ne exeat right could not be "actually exercised" within the meaning of the Convention. Noting a split in the federal Circuits, the United States Supreme Court granted certiorari. 65279;In other words, the overwhelming weight of authority indicates that it makes no difference how, or why the retiree diverts money to himself that had been awarded to the former spouse in a final, unappealed decree; his act of doing so is a violation of the Decree every month he takes and keeps sums awarded to the former spouse, and requires an order of reimbursement.

You can find Hedlund Amicus Brief CONCLUSION Use and Abuse of Court Minutes What is Considered Separate Property Including Characterization of Earnings The Marren and Page Case List Ford v Ford The Service Members Civil Relief Act of 2003 Welfares Critical Error Child Custody Jurisdiction in Nevada The Marren and Page Case List In the Matter of Parental Rights as to Carron Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar The Marren and Page Case List Mack Ashlock Motion to File Errata on Rivero The Marren and Page Case List Willmes v Reno Municipal Court Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar The Marren and Page Case List Wolford v Wolford Exhibits on Rivero Section Four Garner fraud on the court client need not sign order Divison of Military Retirement Benefits In Divorce Section X Rivero State Bar Amicus Brief Question of Outright Prohibition Support Flow Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar Public Employees Retirement System PERS Benefits Section I Subsection A An Introduction to Pensions in Nevada Divorce Law Section I Subsection B Hedlund Amicus Brief CONCLUSION available at lvfamilylawyer.com by clicking above.

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Initial Petition for Return Division 5050 or Other Elko child support expert Division 5050 or Other The Marren and Page Case List Peterson v Peterson Valuation of Military Retirement Benefits Exhibits on Rivero Exhibit Three Section Four



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