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The Marren and Page Case List Finley v Finley Ballin v Ballin and Day v Day
Learn more about The Marren and Page Case List Finley v Finley Ballin v Ballin and Day v Day.
Decree mergeSavvy trial lawyers have long used peremptory challenges tactically. Supreme Court Rule 48.1 has, at least since 1982, permitted an attorney for either side to remove a case from a judicial department and have it randomly re-assigned. This has permitted counsel to prevent cases from being heard in places where the lawyer perceives the assigned judges predisposition, or prejudices, might result in an unfavorable ruling. The theory is that, since both parties have the same right, by default most cases will be heard in a department that is at least acceptably neutral to both sides. Where a putative tort claim is presented in a Family Court action, the Court is required to make a decision as to how it should proceed. (Where the parties have each filed in different courts, the two courts typically confer and one court or the other - usually the Family Court - makes the requisite call.) d. Hopefully, allowing all parties to review the order before leaving the courthouse on the day of hearing will reduce the number of things forgotten and inadvertently omitted from orders. The following paragraph secures to the former spouse a portion of the maximum possible monthly benefit, but provides NO protection at all in the event the Member dies prior to the former spouse. If that happens, the former spousefs payments end. Note that for police and fire fighters ONLY, this permits the Member to have a second spouse be a beneficiary of a 50% survivorship interest, without loss to the monthly payments to the former spouse, so long as the Member is married to second spouse on BOTH the date of retirement and the date of death. Evaluation of Child Supporl Guidelines, Volume I at 3-39 (1996). Because of the need to make some kind of adjustment for shared custody, the various support guidelines in the United States have incorporated provisions that make such an adjustment, but the guidelines vary considerably in how that adjustment is calculated. B> As noted above, there are several retirement options under PERS, with different survivor beneficiary provisions. Since 1987, PERS has required spousal consent to the form of retirement chosen.1 As currently enacted, however, the absence of spousal consent only prevents the member from choosing any desired retirement option for 90 days.2 The burden is on the spouse to get a court order mandating a retirement option within the 90 day period, which effectively gives only that amount of time within which to decide to file for divorce and get a court order. PERS is statutorily immune from suit for benefits paid because of a members falsification of marital status on a retirement option selection form.3 The lower court eventually dismissed Jills petition, finding that it had no subject matter jurisdiction to entertain a claim for division of a military retirement, because in the absence of a current existing marriage, it had no provision under state law permitting it to hear a case between these persons. In other words, the court found that the fact of a completed (German) divorce prevented the state court from acting. SUP> As detailed above, the Legislature was told that the PERS plan was somehow unique due to the potential early retirement dates of its members, because it is a defined benefit (rather than defined contribution) sort of retirement plan that does not allow for a divided interest, but only a divided payment stream, and because the plan does not pay anything directly to a former spouse until the member actually retires. None of those bases withstand analysis. Washington X The Supreme Court reversed. The Court noted that the statute giving the district court the authority to change custody did not provide for notice. The Court further noted the right of the parents to the custody of the minor child involved the determination of a substantive right and that the father had the right to contest the matter in court. Persons involved in custody matters should be notified, so they may appear and produce evidence. The Court also affirmed its holding in Gemma v. Gemma, 105 Nev. 458, 778 P.2d 429 (1989) and its progeny. In doing so, the Court rejected husbands argument that a portion of the pension was the result of passive appreciation of his sole and separate portion of the pension (husband had been a PERS employee for ten years before the parties married) and, therefore, some of the community portion of the pension should be set over to him. Divisions of retired pay as property may be made by percentage or dollar sum. Cost-of-living adjustments (COLAs) apply only when dividing the retirement benefits by percentage, so if a dollar sum is used, inflation will greatly reduce the intended award over time. The primary purpose of the USFSPA was to define state court jurisdiction to consider and use military retired pay in fixing the property and support rights of the parties to a divorce, dissolution, annulment, or legal separation.5 By fits and starts, every State in the Union eventually permitted military retirement benefits to be divided as property in at least some circumstances. Previously, SBP payments were reduced for a beneficiary who aged 62 or older, although an expensive supplement was developed which, if purchased, eliminated the reduction. The question then remains, what constitutes joint physical custody to ensure the child frequent associations and a continuing relationship with both parents? Our law presumes that joint physical custody approximates a 50/50 timeshare. See Wesley, 119 N ev. at 112-13,65 P.3d at 252-53 (discussing shared custody arrangements and equal timeshare); Wright, 114 Nev. at 1368, 970 P.2d at 1071- 71 (discussing joint physical custody and equal timeshare). This court has noted that the public policy, as stated in NRS 125.490, is that joint custody is presumably in the best interest of the child if the parents agree to it and that this policy encourages equally shared parental responsibilities. Mosley, 113 Nev. at 60-61& n.4, 930 P.2d at 1116 & n.4. SPAN> Champagne v. Welfare Divorce., 100 Nev. 640, 652, 691 P.2d 849, 858 (1984) Reversed by In the Matter of Termination of Parental Rights of N.J., 116 Nev. 790, 8 P.3d 126 (2000) is the Alternate Payee of the Participant and his/her last known mailing address is _______________________ and his/her date of birth is _______________ and his/her social security number is _______________. The Alternate Payee is the [specify whether a spouse, former spouse, child, etc.] of the participant. While most people - including many lawyers - dont know it, Hague Convention cases are notcustody cases. Rather, they are concerned with return of children to their countries of habitual residence upon allegations that they have been wrongfully removed or wrongfully retained. The country from which a child was removed or retained is where any custody proceedings should be held. The district court ordered the father to pay support of $1,800 per month and to pay educational costs including tuition. The Supreme Court affirmed. The Court noted that a district court has limited discretion to deviate from child support guidelines citing to Anastassatos v. Anastassatos, 112 Nev. 317, 320, 913 P.2d 652, 654 (1996). The Court also noted that any deviation from the formula set forth must be based upon the facts set out in NRS 125.080(9). The Court further noted that "[g]reater weight ... must be given to the standard ofliving and circumstances of each parent, their earning capacities and the 'relative financial means of parents' than to any of the other factors," citing to Barbagallo v. Barbagallo, 105 Nev. 546,551,779 P.2d 532, 536 (1989). The Court also approvingly cited to Herz v. Gabler-Herz, 107 Nev. 117,808 P.2d I (1991), where the district court found that the father had vastly greater wealth than the mother and noted that the district court did not abuse its discretion in ordering an upward departure from the statutory formula based on a factor other than increased need. Savvy trial lawyers have long used peremptory challenges tactically. Supreme Court Rule 48.1 has, at least since 1982, permitted an attorney for either side to remove a case from a judicial department and have it randomly re-assigned. This has permitted counsel to prevent cases from being heard in places where the lawyer perceives the assigned judges predisposition, or prejudices, might result in an unfavorable ruling. The theory is that, since both parties have the same right, by default most cases will be heard in a department that is at least acceptably neutral to both sides. Most of those who advocate the "freeze at divorce" approach discussed above either oppose or ignore the question of whether distribution of the spousal share should be mandated at the time of the participants first eligibility for retirement. It is not possible, however, to fully and fairly evaluate the impact of a "freeze at divorce" proposal without examining that question as well.2 The CRDP category of pay is "subject to collection actions" for alimony, child support, community property divisions, etc., so the net effect in terms of former spouses should be the gradual erasure of the reduction that the spouses experienced when the retirees elected to take disability awards. P> Thus, the Convention envisions the person who wrongfully removed a child be required to bear the costs of the childs return, and provides the deciding courts (this Court) with the ability to place the burden on the Respondent. adults who voluntarily live together "may agree to pool their earnings and to hold all property acquired during the relationship in accord with the law governing community property." 65279;First, their retirement benefits multiplier was reduced by one percentage point for each full year less than 30 years of service." 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." To further complicate the process, the PKPA partially incorporated state UCCJA law in its language. It became increasingly difficult and technical to determine which law applied, and how the two statutes should be construed.2 Whenever a conflict arose between the statutes, the PKPA, as federal legislation, was supposed to take precedence as a matter of federal pre-emption. Notably, Congress itself appears to have adopted the reasoning of this theory in the amendments to the USFSPA that went into effect in 1997 (for both CSRS and FERS retirements, but only as to waivers made on or after January 1, 1997). Under those rules, if a military member waives military retired pay in order to take a Civil Service retirement, the former spouse must be paid what she would have received from the military in order for the waiver to be accepted by the Office of Personnel Management. The Office of Personnel Management ("OPM") Handbook for Attorneys includes a model paragraph entitled "Protecting a former spouse entitled to military retired pay" (paragraph 111). It reads: Under the FLS proposal, an exactly equal time share is automatically considered to be "joint physical custody." However, it is imperative that if a time share falls within the 40% to 49% range, there should be no automatic or rebuttable presumption that joint physical custody is established. In those circumstances, the trial court must exercise its discretion as to whether a time share of 40% to 49% qualifies as joint physical custody under the specific facts and circumstances of the case before it. You can find The Marren and Page Case List Finley v Finley Ballin v Ballin and Day v Day Jurisdictional Issues The Marren and Page Case List Levy v Levy Landreth and cohabitant relationship divisions The Ten Year Rule The Marren and Page Case List Voorhees v Spencer The Marren and Page Case List Trubenbach v Amstadter Civil Service Value Altering Possibilities to Anticipate and Plan For in a Military Retir Nevada child custody expert lawyer An Introduction to Pensions in Nevada Divorce Law Conclusion Ogawa Amicus Brief CONCLUSION The Marren and Page Case List Kerley v Kerley and Sprenger v Sprenger The Marren and Page Case List Finley v Finley Ballin v Ballin and Day v Day available at lvfamilylawyer.com by clicking above. 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