How is Property Acquired in Diffrent States Treated

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How do our courts determine the divisibility of assets acquired in different states

The USFSPA set up a federal mechanism for recognizing and enforcing state-court divisions of military retired pay, including definitions. One of these was of "disposable retired pay" (the sum that the military pay center could divide between spouses), which was defined as "the total monthly retired pay" minus certain sums, including sums deducted "as a result of a waiver of retired pay required by law in order to receive compensation under title 5 or title 38"3 or "equal to the amount of retired pay of the member under that chapter computed using the percentage of the member’s disability on the date when the member was retired" for a member retired under chapter 61.4 1. A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; The Supreme Court noted the elements involved. The elements were parentage, that the defendant had a legal child support obligation, that the defendant knew of obligation, and that defendant willfully failed to support the child. The Court noted that NRS 201.070 allowed proof of willfulness by showing neglect or refusal to provide support, and implied lack of just cause, excuse or justification. While the law did not contemplate punishing a person for not doing that which he cannot do, the burden was on the father to show excuse or justification, and testimony that he lived "hand to mouth" was insufficient to do so. The Court held that per NRS 194.020, it was no defense that the father was outside of Nevada during period in question, since his inaction constituted a criminal act here; six year sentence plus restitution was upheld. The parties purchased the house in 1977, and held title as joint tenants. The wife claimed that she should be reimbursed for one-half of the $69,000 down payment she made. The district court divided the house 60/40 in favor of the wife. The district court rebuffed the wife’s claim for reimbursement. The USFSPA set up a federal mechanism for recognizing and enforcing state-court divisions of military retired pay, including definitions. One of these was of "disposable retired pay" (the sum that the military pay center could divide between spouses), which was defined as "the total monthly retired pay" minus certain sums, including sums deducted "as a result of a waiver of retired pay required by law in order to receive compensation under title 5 or title 38"3 or "equal to the amount of retired pay of the member under that chapter computed using the percentage of the member’s disability on the date when the member was retired" for a member retired under chapter 61.4 Both Constitutional provisions are entitled to equal deference, and in Nevada Power Co. v. Haggerty,2 this Court stated that when possible, the interpretation of a statute or constitutional provision will be harmonized with other statutes or provisions "to avoid unreasonable or absurd results." The final version of the bill, enacted as NRS 125.155, applies solely to PERS. Section 1(a) requires any divorce order to be based on the "time rule" and Section 1(b) prohibits basing a division "upon any estimated increase" based on post-marital service. Section two states that the divorce court may require that benefits for a spouse not be paid until the participant actually retires, and may safeguard the spousal share, if it does so order, by way of a bond, life insurance, or other security, or (by agreement of the parties only) by increase in the spousal share to compensate for the delay in payments. Section three provides that a spousal share ordered under that statute terminates upon death of either party unless a retirement option providing for survivorship benefits is agreed or ordered, although the phrasing is confusing and appears garbled. The case itself involved the general civil offer of judgment statute and rule (NRS 17.115 and NRCP 68). At the district court level, fees had been denied because the result achieved was not better than the offer made. After the ruling in the first appeal, however, the result achieved was better than the offer, but on remand the district court denied fees to the offeror anyway, finding that the offer of judgment rules do not apply to judgments won by appellate reversal. This was the question in the second appeal. The "bottom line," really, is that where actual physical service is not going to be voluntarily accepted, the practitioner is required to either become completely conversant with the details of the treaty, personally or by hiring another professional or service company, or risk the entire lawsuit being thrown out on a very technical basis. This goes for the individual rules of individual countries, over and beyond the Treaty itself, because many imposed specific conditions when they signed on to the Treaty.2 On the other hand, many U.S. courts have expressed the thought that if service of a U.S. citizen is adequate under State and federal law, wherever accomplished, they do not consider the views of the country where process is actually served to be of much importance. ii) Custody share. "Custody share" means the number of days that a parent has physical custody, whether by sole custody, joint legal or joint residential custody, or visitation, of a shared child per year divided by the number of days in the year. The actual or anticipated "custody share" of the parent who has or will have fewer days of physical custody shall be calculated for a one-year period. The "custody share" of the other parent shall be presumed to be the number of days in the year less the number of days calculated as the first parent's "custody share." For purposes of this calculation, the year may begin on such date as is determined in the discretion of the court, and the day may begin at such time as is determined in the discretion of the court. For purposes of this calculation, a day shall be as defined in subdivision G 3 (c). C) any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country; and In Heim v. Heim,7 the Nevada Supreme Court simply noted without comment the equal division of a Michigan state retirement fund in a Nevada divorce court.8 This was legally significant only because it constituted a quasi-community property approach to division of that retirement, without acknowledgment of doing so, and arguably in contradiction of precedent.9 PLAN. The name of the plan to which this Order applies is the Public Employeesf Retirement System/Legislators Retirement System/Judicial Retirement System. The Plan is specifically directed to pay benefits pursuant to this Order. In a military case, an order dividing retired pay as the property of the member and the former spouse will only be honored by the military if the issuing court exercised personal jurisdiction over the member by reason of: (1) residence in the territorial jurisdiction of the court (other than by military assignment); (2) domicile in the territorial jurisdiction of the court; or (3) consent to the jurisdiction of the court.1 SUP> If the facts indicated an agreement, express or implied, to equally co-own the property, that partnership or joint venture could be given effect under the doctrine expressed in Michoff.3 That decision stated that the remedies in Marvin v. Marvin4 (i.e., "palimony," or the setting aside of property acquired by one unmarried cohabitant to the other) were expressly available to unmarried co-habitants.5 The child was born in 1985; while mother did not smoke, drink, or use drugs during pregnancy, by the time the child was a year old, the marriage soured and mother began to use methamphetamine. The mother took child to live with maternal grandparents. In July 1988, a California Superior Court appointed the grandparents as the child’s guardians, with no objection to mother. The mother infrequently had contact, and provided no personal or monetary support. problem is that Nevada divorce courts generally do not "determine a value." Under Gemma and Fondi, our courts simply divide the retirement itself, whatever its value, equally, so that both spouses share the benefits, and the risks, of whether the benefits will ever appear, and if so in what amount. In a similar Virginia case, the Court found that the happiness of a cat named "Grady," "took priority" over the property rights in a custody battle between two former roommates, and the Court ruled that it was in the "best interest of Grady" to be awarded to the non-owner roommate.3 2. "The nonlawyer [employee] must be instructed not to work on any matter on which [he or] she worked during the prior employment, or regarding which [he or] she has information relating to the former employer’s representation." SUP> In short, paying adequate attention to discerning and addressing retirement benefits is not only advisable, but necessary, for anyone practicing family law. Several years after their divorce, the wife asked the district court to order the husband to increase child support payments. On grounds of need, the wife also asked for fees to pay her attorney. The district court increased child support and awarded the wife $2,500 in fees. 65279;The same result was reached in three cases from Tennessee decided in early 2001, two from that state's Court of Appeals, and a third from the Tennessee Supreme Court: Hillyer v. Hillyer, Smith v. Smith, and Johnson v. Johnson. All three decision discussed the Mansell holding at length. They started with the legal principles that military retired pay is marital property subject to distribution, and that periodic payments to a spouse are distributions of property rather than alimony. As such, a divorce decree's division of retired pay is final, and when not appealed, is not subject to later modification. 1. In accordance with subsections (9) and (10), calculate the amount of support obligation apportioned to each parent without including day care and health insurance The 20/10/10 rule is not a limitation upon the subject matter jurisdiction of the state courts.17 Its practical effect is sometimes the same as a legal bar, however, which is one reason the ABA position (for over a decade) has been that the provision should be repealed. 18 A former spouse in possession of an order that does not satisfy the rule must rely on whatever state law enforcement mechanisms are available, which may or may not be of any use. There are a couple of work-arounds for this trap. If the former spouse’s interest is small, the present value of that interest could be determined and offset against other marital property or cash to be paid off. If the interest is larger, the situation is more difficult, since the parties would probably not have sufficient assets to permit an offset.19 The options available to a former spouse’s attorney seeking an enforceable order are then reduced to seeking a stipulation to secure that interest (which might require bargaining a reduced payment) or attempting to persuade the court to impose an irrevocable alimony obligation. Both options have drawbacks. The Supreme Court reversed. The Court began by noting that unless otherwise provided by law, decree, or agreement, all property acquired after marriage is considered to be community property under NRS 123.220 and that presumption can only be overcome by clear and convincing evidence citing to Todkill v. Todkill, 88 Nev. 231, 495 P.2d 629 (1972) and Kelly v. Kelly, 86 Nev. 301, 468 P.2d 359 (1970). The Court further noted that property held in the individual name of a spouse or in the name of both spouses as tenants in common could be compatible with the concept of community property, but property held in joint tenancy could not because certain incidents of joint tenancy would be inconsistent with incidents of community property. From there, it is not much of a stretch to say that the judicially-created cause of action belongs in the court assigned the tasks to which the analogy applies. Community property is dealt with in NRS Chapter 125, for which the family courts have exclusive jurisdiction. Cases involving disposition of property "by analogy" to that chapter likewise belong in family court. In determining custody of a minor child ... the sole consideration of the court is the best interest of the child." NRS 125.480 (1). The Legislature created a presumption that joint legal and joint physical custody are in the best interest of the child if the parents so agree. NRS 125.490(1). The policy of Nevada is to advance the child's best interest by ensuring that after divorce "minor children have frequent associations and a continuing relationship with both parents ... and [t]o encourage such parents to share the rights and responsibilities of child rearing." NRS 125.460. To further this policy, the Legislature adopted the statutes that now comprise NRS Chapter 125 to educate and encourage parents regarding joint custody arrangements, encourage parents to cooperate and work out a custody arrangement before going to court to finalize the divorce, ensure the healthiest psychological arrangement for children, and minimize the adversarial, winner-take-all approach to custody disputes. Mosley, 113 Nev. at 63-64,930 P.2d at 1118; Hearing on S.B. 188 Before the Senate Judiciary Comm., 61st Leg. (Nev., Feb. 12, 1981) (Senator Wagner's comments) (discussing parents reaching an agreement before coming to court); Hearing on S.B. 188 Before the Assembly Judiciary Comm., 61st Leg. (Nev., Apr. 2, 1981) (summary of supporting information) (enumerating flaws in the old statute).

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