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community property
the weight of modern authority, however, seems to recognize such agreements as enforceable where it appears to the advantage of the minor to enforce the same. This latter view seems to us to be supported by the better reason. It recognizes the superior rights of natural parents, all other matters being equal, but places the interest of the child as the first consideration, and, where it appears that the interest of the child will manifestly be advanced by enforcing such agreement, the same will not be disturbed. the weight of modern authority, however, seems to recognize such agreements as enforceable where it appears to the advantage of the minor to enforce the same. This latter view seems to us to be supported by the better reason. It recognizes the superior rights of natural parents, all other matters being equal, but places the interest of the child as the first consideration, and, where it appears that the interest of the child will manifestly be advanced by enforcing such agreement, the same will not be disturbed. OPTIONAL PROVISIONS. If the participant dies before the alternate payee begins receiving benefits in accordance with the plan selected and a distribution of contributions is available from the account of the participant, the alternate payee shall receive _____% of the distributed refund. Mansell v. Mansell1 was yet another case coming out of California. When the parties divorced, the McCarty decision had not yet issued; the member had retired, and applied for and received disability benefits. The divorce decree included the stipulation that the parties would divide the gross sum of retirement benefits (including both retired pay and disability pay). The amount of the penalty is 10 percent per annum, or portion thereof, that the installment remains unpaid. Each district attorney or other public agency in this State undertaking to enforce an obligation to pay support for a child shall enforce the provisions of this section. Many courts hearing such cases when Mansell was decided did exactly what the California trial court did on remand in that case, issuing opinions that detailed why they would not allow the inequity of allowing post-divorce status changes by members to partially or completely divest their former spouses, where the original divorce decree had been issued prior to the Mansell decision.12 There have been a number of early retirement programs offered at times by the military, through which members could terminate service before completing 20 years, receiving lump-sum or time payments instead of a regular military pension. These programs have included the Variable Separation Incentive (VSI), the Special Separation Benefit (SSB), and an early (15-19 year)retirement program known as the "Temporary Early Retirement Authority" (TERA). SPAN> 2and Wolff v. Wolff,3in light of the enactment of NRS 125.155. Specifically, whether the district court can order payment of a share of a pension to a non-participating PERS member before the participating spouse actually retires when NRS 125.155, provides that e[t]he court may, in making a disposition of a pension or retirement benefit provided by PERS or the Judicial Retirement Plan, order that the benefit not be paid before the date on which the participating party retires." On the other hand, such a distribution increases the possibility of later court fights over enforcement or interpretation of the original order for division." It gives each of the parties a stake in the other's life - if the former spouse predeceases the member, the member's retired pay goes up by whatever sum the former spouse had been receiving, and if the member dies first, the spousal share stops unless survivor's benefits have been provided for in the order. In 1993, the Nevada Legislature approved AB 555, which basically emulated language in the ERISA/REA rules governing Qualified Domestic Relations Orders for private retirement plans. The new provisions required court orders dividing PERS benefits to be signed by a district court judge Before 1978, reservists could not elect participation in their SBP program until they were eligible to draw retired pay (that is, at age sixty). That year, legislation granted them the power to elect participation upon notification of eligibility for retirement, which generally is before they reach age sixty.2 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that SPOUSE shall receive [AL T I the sum of $ from] [ALT2 __ % of] MEMBER's military retirement per month as The court nevertheless found no difficulty in turning aside the military members attack on the Arizona rule of finality of property distributions, finding the spouses rights to the Here, proceedings were commenced on February 3, 2005. While Mother had remained in Nevada since the children left, they had been gone for more than six months prior to that date. Examining the definition of "abandonment" in NRS 128.012, the Court held that intent is the decisive factor, and may be shown by the facts and circumstances of the individual case. Thus, the Court held that the court could consider the fathers pre-birth conduct as one factor in its inquiry regarding abandonment, noting the statutory language allowing a ruling based on "any conduct of one or both parent of a child which evinces a settled purpose . . . to forego all parental custody and relinquish all claims to the child." The Court reiterated the principle of statutory construction that when the language of a statute is plain and unambiguous, a court should give that language its ordinary meaning and not go beyond it. Apparently seeking to hedge its holding, the Court added that it was not holding that pre-birth conduct alone justified termination of parental rights, such conduct would serve at least in part as the basis for finding any jurisdictional or dispositional grounds. i) if shared custody is based on the obligor parent having physical custody for periods of 30 consecutive days or more, the total annual award may be paid in equal installments over those months in which the obligor parent does not have physical custody; or bsp; 3. Commingling is when there is identifiable bits of both separate property and community property in same place. Further, if the former spouse was receiving both DIC and SBP, and the remarriage occurred when the former spouse was over 55 years, the SBP payment is apparently increased to the full amount (in other words, the DIC offset is replaced by additional SBP dollars, leaving the only effect one of taxation).8 In 1999, the Washington state Supreme Court decided In re Marriage of Jennings.5 The court found that a retiree who terminated a stream of payments to a former spouse by electing, post-divorce, to begin taking disability rather than retired pay created such "extraordinary circumstances" that the trial court should take the "justified remedial action" of awarding compensatory spousal support even four years after the divorce in order to "overcome a manifest injustice which was not contemplated by the parties at the time of the 1992 decree." The court noted the reduced stream of payments to the spouse, and held that: You can find community property The Marren and Page Case List In the Matter of the Parental Rights as to Co Las Vegas child custody expert lawyer Rivero State Bar Amicus Brief Part One A Hedlund Brief Amicus Discussion of Issues The Marren and Page Case List In re Swall Court Ordered Divisions of the TSP The Marren and Page Case List Johnson v Johnson Pereira v Pereira Van Camp The Marren and Page Case List Reel v Harrison Service Members Life Insurance The Marren and Page Case List Koester v Administrator of Estate of Koester Death of Member After Retirement and Before Divorce The Marren and Page Case List McGlone v McGlone Pre-Mansell and Post-Mansell Decrees The State Bar Fee Dispute System is Broken community property available at lvfamilylawyer.com by clicking above. Site Map Protecting the Interest of and Getting Money from Peole in the Military Wha The Marren and Page Case List Weeks v Weeks Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar Concepts in the UCCJEA Status Divorce Partial Decrees or Bifurcated Divorces Allowed Nevada UCCJEA expert Hedlund Amicus Brief CONCLUSION Reciprocal Links: community property community property community property community property |