Ogawa extending time to file under UCCJEA

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the former spouse predeceased the member, then the following month the member’s share of the benefit would increase by one hundred percent of what the spouse was receiving, and instantly, automatically, and without the payment of any premium would gain an increase to $1,000 per month, for the remainder of the member’s life. This is the member’s "cost free" automatic survivorship interest in the former spouse’s life. It is built in to the structure of the retirement system. But on these facts, if the member died first, the former spouse would receive nothing further. In many cases, children of divorce spend at least some time with each parent, even when those parents live in different countries. Hague cases often arise during actual or purported visits or "trial periods" in the country of the alleged abducting parent. It is important for counsel to fully explore who lived where, when, and for what reason, as the reviewing court will want to know the details of the decision leading up to travel from one country to another, and then what happened once the child was there.2 3) In cases without a past determination or other credible evidence, presume the approximate number of overnights granted in the terms of the current custody or parenting time order. In the United States, generally, married parents are presumed to have joint legal and physical custody. Even after divorce, a parent with joint legal custody generally has an equal right to determine questions such as where the child attends school, and any proceeding to alter the status quo of custody and visitation must pass due process muster.2 When a child has been removed to the United States from another country determined to be the childfs habitual residence, however, the underlying parent-and-child law of that country should be reviewed to see if a left-behind parent with whatever relationship exists between the child and that parent has a legal right of custody as defined by the law of that country. The Convention is "deliberately expansive" on this point, and counsel should be sensitive to allowing the widest possible scope of a basis of rights under the law of other States for the exercise of "rights of custody" by a parent.3 The benefit of any upward deviation to M and child, who have income of$6,OOO per month, would be insignificant compared to the benefit to F and child, who have income of $2,000 per month. Thus, no deviation would be granted and support would be set at $500 per month. In a habeas corpus proceeding, the Court ruled that Nevada could conduct a full custody hearing in a habeas proceeding involving a child. The Court concluded that there was substantial evidence available in Nevada concerning the protection, present and future care. The Court also gave consideration to the wishes of the child noting the fact that the 14 year old stated a preference to stay with her father and a fear of returning to her mother. It is irrelevant whether the divorce decree specifies any such benefit, or whether the parties contemplated the benefit. Like Social Security, medical benefits for former spouses who fulfill the legislative criteria have a statutory entitlement separate from the rights and obligations accruing to the member. They cost the member nothing. SPAN> It was thought on passage of the 1991 amendments that the "no partition" bar was pretty complete. Some courts, however, have elected to disregard it, holding that the underlying state law of their state constituted a built-in "reservation of jurisdiction" to divide any omitted asset, including military retirement benefits, but the linedrawing can be pretty fine. One recurrent question, however, is the preclusive effect, if any, of the various custodial and other orders entered by courts, often in different countries, and the factual findings embodied in those decisions. For example, what would a court hearing a tort suit do with custody orders from two countries, each of which found that the parent in the other country had acted wrongfully? bsp; Under a legal doctrine known as "divisible divorce" recognized by the United States Supreme Court in the 1940’s, a court might be able to resolve some but not all incidents of a divorce; therefore, the specific rules going to jurisdiction to decide issues of child custody, alimony, child support, etc., must be dealt with. P> There are no "survivorship" benefits, per se, for a TSP account, as it is a cash plan like a 401(k). However, plan participants can and should designate beneficiaries to receive the account balance in the event of the participant’s death.1 In the absence of the form, regular intestate succession rules determine the distribution of the TSP account. PAN style="FONT-SIZE: 12pt"> Any person who, in person or through an agent or instrumentality, does any of the acts enumerated in this subsection thereby submits himself and, if a natural person, his personal representative to the jurisdiction of the courts of this state as to any cause of action which arises from: 5. This order does not require the retirement system to make payments to an Alternate Payee prior to the retirement of a Member or the distribution to or withdrawal of contributions by a Member, unless the statutes or rules governing PERS allow such a distribution. Our conclusion is that, given the basic position of the marriage relationship in this society¡¯s hierarchy of values and the concomitant state monopolization of the means for legally dissolving this relationship, due process does prohibit a State from denying, solely because of inability to pay, access to its courts to individuals who seek judicial dissolution of their marriages. The court clerks should not be taking Minutes. Rather, court staff should directly prepare the order from the hearing, at the time of the hearing. Counsel should normally walk into court with a dispute, and walk out with an enforceable order - rather than spending the next several weeks, large sums of client money, and an undue amount of court time, trying to get an order on file. P> Several state courts have held that the interest of a former spouse in retired pay is realized at vesting,1 theoretically entitling the spouse to collect a portion of what the employee could get at that time irrespective of whether the employee actually retires.2 As phrased by the California court in Luciano: "The employee spouse cannot by election defeat the nonemployee spouse’s interest in the community property by relying on a condition within the employee spouse’s control."3 It is possible to effectively cause the member, or the spouse, to bear the full financial burden of the SBP premium, but doing so requires indirectly adjusting the percentage of the monthly lifetime benefits each party receives. An explanation of why such shifting might be appropriate, and how to actually do so, is set out below. the parties divorced in 1972. The district court approved a property settlement agreement. The wife was awarded $15,000 payable in $1,000 quarterly installments. The parties then remarried in 1973. In 1975, the parties divorced a second time. The wife sought to have the property settlement agreement declared void and sought separate maintenance. The district court granted the husband a divorce, refused to declare the property settlement void, and awarded the wife $12,000 payable in $1,000 monthly installments as her share of the community property. The wife argued the property settlement agreement was void because of extrinsic fraud committed by the husband. The wife claimed fraud because she and the husband were in a confidential or fiduciary relationship with her when the agreement was negotiated. The wife also claimed that the husband was much older than her, was more experienced in business and financial matters, had remained on a friendly basis with her during divorce proceedings, and had misrepresented the size of the community alleged to be $1,200,000 and the $15,000 settlement, was claimed to render the agreement unconscionable and presumptively fraudulent. The wife admitted she consulted with an attorney to determine if the agreement was enforceable, but claimed that she was unrepresented as to the substance of the agreement. One thing that comes to mind as a reasonable explanation is that those who are preparing the bench memos, analyses, and proposed opinions for the Court are just unaware of the real world impacts of their suggested resolutions. Since there are no Justices now on the Court with a recent substantive familiarity with our area of the law, the Court is presumably leaning heavily on its "family law" Central Staff for direction. No term of the length of the marriage was given. The husband was earning $19,200 annually. No information was given concerning what the wife made if anything, the roles in the marriage, or education. The district court found that since the marriage of the parties the husband had treated the wife with extreme cruelty to the extent that the wife had become nervous and thereby lost all of her hair and that the wife's health would be irreparably damaged if the marriage continued. The district court awarded the wife $16,500 in lieu of all her community property rights, and as and for alimony. The apparent reason the district court did so was because of the husband's financial misconduct. The decree was filed August 1988. In the decree, the husband agreed to assume responsibility for Visa charge accounts. In September 1988, the husband filed for Chapter 7 bankruptcy. As a result, the wife was left solely responsible for those debts. Because she was now responsible, the wife filed for spousal support. The district court granted the wife's request for support. The district court specifically found that the husband's promise to hold the wife "harmless" was an obligation "characterized as in the nature of alimony, maintenance and support," and that the wife "would have been inadequately supported" without it. The district court ordered the husband to pay to the wife the amount ofthe debts he agreed to be responsible for in the decree, but tried to discharge in bankruptcy. If the parties divorce after retirement, the spouse is still generally secured, because the SBP will have gone into effect automatically; for it to not go into effect, a specific waiver of the SBP must be signed by the non-member spouse.7 In such cases, the SBP must merely change form from "spouse" to "former spouse." Where fully-informed counsel negotiate the matter in good faith at the time of divorce, this is a straight-forward matter to negotiate, or litigate. Usually, the SBP is left in place for the soon-to-be former spouse; if the member wishes to name some other as beneficiary, some other provision is typically made to secure her insurable interest. B> 2. The benefit to be payable to the Alternate Payee shall be calculated by means of a formula as follows: All service credits accrued by Member through and including [DATE OF DIVORCE OR TERMINATION OF SERVICE], as the numerator, and all service credits accrued as the denominator, multiplied by one-half. Any withdrawals from the retirement system shall be divided between the Member and the Alternate Payee in accordance with the same formula. the former spouse predeceased the member, then the following month the member’s share of the benefit would increase by one hundred percent of what the spouse was receiving, and instantly, automatically, and without the payment of any premium would gain an increase to $1,000 per month, for the remainder of the member’s life. This is the member’s "cost free" automatic survivorship interest in the former spouse’s life. It is built in to the structure of the retirement system. But on these facts, if the member died first, the former spouse would receive nothing further.

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