qualified domestic relations orders Nevada Under the heading "provisional remedies," 42 U.S.C. § 11604(a) specifically empowers a court to enter such orders as are necessary, under federal or state law, "to prevent the child’s further removal or concealment before the final disposition of the petition."1 A request for such an order would be that the child at issue be taken into custody for her protection at the local child shelter until the hearing on the merits proceeds. The district court entered a partial decree of divorce in January 1976, which terminated the marriage, however, it expressly reserved jurisdiction to issue a subsequent decree regarding the division of community property and community debts, and the award of alimony. That supplemental decree was entered May 1976.  There are attorneys, and some trial level judges, who have tried to hold the language used in pre-Mansell divorce decrees to that "higher standard of clarity," arguing that the language of the USFSPA itself provided adequate "notice" of the issue to the former spouse as of 1982. Since virtually every published decision before Mansell had rejected the construction of the language embraced by the majority in Mansell, however, that argument has been almost universally rejected by appellate courts as sophistry, or at best a misdirected retroactive application of the Mansell holding.1 The court found it "illogical" to limit the spousal share to a portion of disposable retired pay, and considered the USFSPA a complete repudiation of the McCarty holding. The court focused upon the legislative history that declared Congress’ intent to "restore the law to what it was," and noted that previous California law had called for division of the entirety of military retirement, as it did with all other retirement benefits. While Casas was widely cited and largely followed elsewhere, not all aspects of the decision had a long life. B) A dependent child of a member or former member referred to in paragraph (2)(A)who was a member of the household of the member or former member at the time of the misconduct described in paragraph (2)(A) shall be entitled to receive medical and dental care, to use commissary and exchange stores, and to have other benefits provided to dependents of retired members of the armed forces n the same manner as if the member or form er member referred to in paragraph (2)(A) was entitled to re tired pay. SUP> The Braddock rule is best perceived as akin to an affirmative defense, in that if the matter is not raised by the party seeking an advantage under the law of some other State where the asset accrued, Nevada’s community property law will apply by default.5 I> In Argentena v. Jolley Urga, 125 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 40, Sept. 24, 2009), the Nevada Supreme Court effectively made it more difficult for attorneys to collect on either retaining or charging liens. The primary holding of the case was that in the absence of an enforceable charging lien, a client’s request to liquidate a retaining lien, or a client’s consent to the district court’s adjudication of a retaining lien, the district court lacks jurisdiction to adjudicate an attorney/client dispute as to fees owed. If you are in the middle of a Nevada divorce no prenup, you want to be sure to use an expert divorce attorney who is well versed in Nevada divorce no prenup so you make sure everything is taken care of fairly. The reason for not only permitting, but encouraging the use of such indemnification clauses was explained well by the Minnesota Court of Appeals in Gatfield4: it basically ensures that the divorce courts are free to enforce the parties’ declared intent as a matter of contract law.5 Any court reviewing a decree seeking intent to indemnify must be careful to not give retroactive effect to either the USFSPA, or any case interpreting it (i.e., Mansell) so as to defeat an existing flow of payments to a former spouse. As stated by various courts over the years, it would "thwart the very title of the Act, the ´Uniform Services Former Spouses’ Protection Act,’ to construe the law as preventing a spouse from actually receiving a court ordered portion of military retirement benefits."6 The trial court entered a temporary custody order in favor of the other parent, but stayed the remainder of the case, over the objection of the member and the grandmother, who argued that the stay was "automatic" and prevented entry of a temporary custody order. The Supreme Court of Arkansas held that an SCRA stay does not "freeze" a case, leaving it in limbo indefinitely and allowing no authority for the trial court to act. Rather, the court found that a trial court could properly entertain the issue of temporary custody, even if the stay was in place when the issue was considered, on the basis that a child’s life cannot be put in "suspended animation" awaiting the member’s return. For the same reason, the trial court was able to consider issues such as support.4 Under the heading "provisional remedies," 42 U.S.C. § 11604(a) specifically empowers a court to enter such orders as are necessary, under federal or state law, "to prevent the child’s further removal or concealment before the final disposition of the petition."1 A request for such an order would be that the child at issue be taken into custody for her protection at the local child shelter until the hearing on the merits proceeds. We realize that this Court will not, and perhaps cannot, do away with the presumptive maximums under these circumstances. However, we are also required to note the extent to which the presumptive maximums as set out are contrary to the structure and premise of the Nevada child support statutes as a whole. One solution to this conflict would be to presume an upward deviation for all custody time-shares below 40%, but we were concerned that any such "band-aid" would have unanticipated side-effects ¨C such as increased litigation costs in most child support cases. If the marriage overlapped service by less than ten years, the right still exists, but the spouse has to obtain the monthly payments from the retired member rather than directly from the military pay center. When the divorce is ongoing at the fifteen-year mark of the military career, there is a new danger for spouses of military members who started service after July 31, 1986. There is no provision for spousal consent, or even notification, before a member can take the $30,000.00 CSB/REDUX payment, which irrevocably reduces the lifetime "regular" retirement benefits payout. Especially where the parties have already separated, it is possible that the member could simply pocket the cash payment and the spouse would never even know of the devaluation of the retirement benefits being divided in the divorce. 3. Exclusive continuing jurisdiction for the State that entered the decree. The failure of the UCCJA to clearly enunciate that the decree-granting State retains exclusive continuing jurisdiction to modify a decree has resulted in two major problems. First, different interpretations of the UCCJA on continuing jurisdiction have produced conflicting custody decrees. States also have different interpretations as to how long continuing jurisdiction lasts. Some courts have held that modification jurisdiction continues until the last contestant leaves the State, regardless of how many years the child has lived outside the State or how tenuous the child’s connections to the State have become. Other courts have held that continuing modification jurisdiction ends as soon as the child has established a new home State, regardless of how significant the child’s connections to the decree State remain. Still other States distinguish between custody orders and visitation orders. This divergence of views leads to simultaneous proceedings and conflicting custody orders. Notably, the federal law provides that such a stay request does not constitute the making of a general appearance and does not waive or relinquish any defenses otherwise available, whether substantive or procedural.6 From the member’s point of view, it will appear (and actually be) that upon actual retirement, the spousal share is growing faster than the member’s share each year, whittling away at what the member is receiving while increasing what the spouse is receiving. E. 1. Failure to exercise or exercising more than the number of overnights upon which the parenting time adjustment is based, is a material change of circumstances. Courts were often most forceful where the member chose to take the substitute benefit after the divorce decree (which, of course, therefore did not mention the benefit). In In re Crawford, the court specifically quoted and analogized to In re Marriage of Strassner, which addressed disability benefits. The Arizona court held that in both situations, the spousal interest was "finally determined" on the date of the decree, and the member would not be permitted to effectively make the spouse¡¯s property his own merely by recharacterizing it in some way. The court explicitly held that enforcing divorce decrees by ordering that the spouse receive a portion of the benefit taken by the member in lieu of the regular retirement did not violate Mansell. Michigan                                                                           X After a 37-year marriage, the parties entered into a property settlement agreement which required the parties, inter alia, to equalize their Social Security payments upon retirement. The husband refused to apply for benefits upon reaching age 65 and wife asked the district court to enforce the agreement of the parties. The district court agreed with the wife and granted her requested relief and attorney’s fees.  The Supreme Court reversed noting that pursuant to Federal law Social Security benefits were not assignable and that based on the Supremacy Clause of the United States Constitution the district court could not require husband to share any portion of his Social Security benefits with the wife even though he had voluntarily agreed to do so. 3. Multiply each parent's support obligation as calculated in subparagraph 1. by the percentage of the other parent's overnight stays with the child as calculated in So if a $500 installment of child support remained totally unpaid for a month, a penalty of $4.17 ($500 x 10% ÷ 12) accrued, calculated on a monthly basis.4 If it still remained unpaid the next month, another such penalty accrued, and so forth. Throughout the 1990s, such penalty calculations were done by spreadsheet and submitted as exhibits to child support motions.5 To my knowledge, every judge who ever heard a child support motion where a penalty was so calculated approved the reasoning, methodology, and totals, over all objections that have ever been made. 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. Continuing jurisdiction is lost when the child, the child’s parents, and any person acting as a parent no longer reside in the original decree State. . . . SPAN> 4And only if that other State never acts could the emergency order of this State become a final determination, making this State the Home State of the child.5 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.2 SUP> NOMADS, like other computers, has its limitations. . . . in the mass production, conveyer-belt case processing world of Nevada’s child support enforcement program, the tail wags the dog. To make computerization work for child support enforcement in Nevada, the law and the courts, and most of all, our orders, have to conform to the computer’s needs. The Court concluded that the Frye doctrine of equitable adoption, and "the myriad of other psychological theories of parentage that the parties mention in order to determine paternity" were inapplicable. Id. at 1406. The Court noted that NRS 126.051 provided for a rebuttable presumption, and was the statute to be applied in this case. The Court reversed the order finding the husband to be the father of the child, and remanded for further proceedings, noting that the joint legal custody order was also reversed.  Quoting at length from a law review article analyzing the mathematics of the situation, the court found that acceptance of the husband’s argument would have allowed him to collect the entirety of the accumulating "earnings" on the marital property accumulated by both parties. Three judges dissented.2 There is little case law guidance as to what would be an appropriate weighing of risks and burdens, or why. Several courts have ruled that the SBP be kept in effect for protection of the former spouse’s interest, using one theory or another, but their reasoning has often been sketchy, or faulty. In other words, unlike the situation for custody, it is easy to propose facts under which more than one State would have initial child support jurisdiction, simultaneously. You can find qualified domestic relations orders Nevada Withdrawal and Borrowing of Money from the TSP After Retirement Teuton Amicus Brief Attorney liens post Argentena actually getting paid Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar Welfares Critical Error Feral Paralegals Conclusions as to Disability Awards Child Support Initial Jurisdiction Rivero State Bar Amicus Brief Question of Outright Prohibition Support Flow The Marren and Page Case List In the Matter of Parental Rights as to Q L R The Rivero Formula Exhibit Three The Marren and Page Case List Hedlund v Hedlund The Marren and Page Case List Reel v Harrison Rivero State Bar Amicus Brief Part Two Subsection III C How is Property Acquired in Diffrent States Treated Divison of Military Retirement Benefits In Divorce Section VI Subsection A Divison of Military Retirement Benefits In Divorce Section C Documents to Be Filed If it Is Determined That an Emergency Pick up Is Warr The Marren and Page Case List Zahringer v Zahringer Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar qualified domestic relations orders Nevada available at lvfamilylawyer.com by clicking above. Site Map Some Practical Points to Actual Collection of Child Support Alimony and Pro An Introduction to Pensions in Nevada Divorce Law Section IV The Marren and Page Case List In re Wilsons Estate and Burdick v Pope Ogawa Amicus Brief Governing Law and Analysis The Marren and Page Case List Koester v Administrator of Estate of Koester Independent Suit for Tort Damages After the Hague Proceeding Hedlund Brief Amicus Discussion of Issues Reciprocal Links: qualified domestic relations orders Nevada qualified domestic relations orders Nevada qualified domestic relations orders Nevada qualified domestic relations orders Nevada

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