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SUP> The Court rejected the husband’s request for consideration of the wife’s accrual of social security benefits, quoting language that the benefits are not "a form of deferred compensation, and therefore not . . . community property subject to division between the spouses." The Court held that "social security benefits, or the payments used to derive those benefits, cannot be divided in a property settlement agreement." The landmark California case recognizing the importance of military retirement benefits as a marital asset was In re Marriage of Fithian, 10 Cal. 3d 592, 517 P.2d 449 (1974). Pension decisions, at first, addressed benefits which were vested at the time of divorce. Eventually, divisibility was extended to non-vested and unmatured retirement benefits as well. See In re Marriage of Brown, 15 Cal.3d 838, 544 P.2d 561 (Cal. 1976); In re Marriage of Luciano, 104 Cal. App. 3d 956, 164 Cal. Rptr. 93 (Cal. Ct. App. 1980). The materials then turn to survivorship benefits, easily the most complex, difficult, and pitfall-laden area in dealing with retirement benefits, and some of the things that practitioners can do, and keep in mind, to serve their clients, and reduce their risks of error. Finally, the materials recap the recently-changed world of military disability benefits, with its new acronyms, possibilities, and dangers, and the recent changes to the Servicemembers’ Civil Relief Act, and its effect on custody and visitation cases. 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: The Supreme Court reversed. The mother had a duty, in seeking to impose a child support obligation, to disclose to the father and the court that he might not be the father. The Court held that which keeps one party away from the court by conduct which prevents a real trial upon the issues is extrinsic fraud and may form a sufficient basis for equitable relief from the judgment. Here, the mother’s omission prevented the father from having a fair opportunity to litigate paternity. The decree was open to attack by an independent action in equity on the grounds of fraud. The Court reversed entry of judgment for child support arrears. A personal injury case. The Court held that the fact that the injury occurred in Nevada did not establish the nature of the recovery as separate property. The nature of the rights of married persons in personal property acquired during marriage is determined by the laws of that state which is the matrimonial domicile of the parties at the time the property is acquired. The mother received primary custody of the three children. The father was required to pay $750 per month "for support and maintenance, and for the support, care, education, and maintenance of the minor children." The support obligation was to decrease by one-third upon the death, marriage, emancipation, attainment of eighteen years of age, or completion of a high school education of each of the children. In June 1977, one of the parties’ children moved into the father’s home. In response, the father reduced by $250 per month from the support payments due for the months of June and July, and $474.50 from the payment due for August. In August 1977, the mother filed a motion for judgment for arrearages, requesting a judgment for the amounts withheld from the June and July payments. At the hearing, the father testified that he had in fact reduced June, July, and August payments. On the day of the hearing, the father also filed a motion to modify custody of the child to him. The district court entered judgment for the arrears and held the father in contempt for reducing the payments. 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 SUP> The Court rejected the husband’s request for consideration of the wife’s accrual of social security benefits, quoting language that the benefits are not "a form of deferred compensation, and therefore not . . . community property subject to division between the spouses." The Court held that "social security benefits, or the payments used to derive those benefits, cannot be divided in a property settlement agreement." Anecdotal accounts suggest that this basic approach has been stumbled upon, if not clearly enunciated; in long-term marriages, the trial court sometimes effectively pools the current income of a working spouse and the retirement income of a spouse who has retired, until both achieve retirement age, at which time each receives his or her time-share rule of all retirement benefits earned during marriage. This achieves, by design, the result of the cases where the payor spouse moves for alimony termination upon retirement - without the additional litigation of the modification motion. The Supreme Court reversed. The Court began by reciting the Murphy standard. The Court noted that a district court’s custody decision will not be disturbed unless there has been a clear abuse of discretion citing to Primm v. Lopes, 109 Nev. 502, 504, 853 P.2d 103, 104 (1993). The Court further noted that it must be satisfied that the district court’s determination was made for appropriate reasons citing to Sims v. Sims, 109 Nev. 1146, 1148, 865 P.2d 328, 330 (1993). The Court also noted that it would not set aside a district court’s factual determinations if they are supported by substantial evidence citing to Primm, 109 Nev. at 506, 853 P.2d at 105. The Court found that substantial evidence did not support the district court’s conclusion that the children’s welfare would be substantially enhanced by changing custody. The Court noted while it was probably not advisable to leave a child home alone who is nearly recovered from an illness, it concluded that a single incident was an insufficient basis on which to premise a change of custody under the second prong of the Murphy standard. The Court also noted that the father was an active involved parent, had a stable job, and was responsive to the children’s needs. The Court remanded for a reconsideration of the second prong of the Murphy standard. In California, the spousal share ceases to accumulate upon "final separation."1 So the math would be 10 (years of marriage) ¡Â 20 (years of service) x .5 (spousal share) x $1,000 (pension payment) = $250. Enforceable orders include "a judgment, decree or order relating to child support, alimony or the disposition of community property" and extends to "all or a portion of the allowance or benefit of a member or retired employee."4 An order will be enforced if it satisfies five requirements: When the parties divorce while the member is still on active duty, however, they do so prior to the time of making an election regarding the SBP. If the matter remains unaddressed at divorce - by the machinations of the member-spouse, or innocently,4 the now-former spouse does not have the waiver right of a current spouse. It is therefore possible for the member to cancel the SBP entirely, or to name some third party (usually, a later-acquired spouse) as beneficiary. Finally, the question of whether child support can ever flow from a majority time-share parent to a minority time-share parent should be resolved, by either allowing it, prohibiting it, or permitting it solely in circumstances where the trial court has found that a joint physical custody situation actually exists, whether equal or unequal in timeshare. Judgment was entered February 1972. The husband was ordered to pay the wife a sum of money. The husband wrote the wife a check for $1,209.01 with the notation written in the memo portion, "acceptance by you of this check shall constitute total discharge of obligation under such Judgment and Decree." The check was immediately cashed and the proceeds were retained. No Notice of Entry of Order was ever filed. In December 1972, the husband filed a motion to change custody. In May 1973, the district court ordered custody changed. The wife then appealed not only from the Order changing custody but also from the Order from February 1972, concerning the judgment. If such case law is applicable in a given place, and is not overturned, and if the member-defendant does raise the issue, all is not lost to the spouse, although the means of coping with it are cumbersome, often expensive, and require some additional information. B> Although the agency administering the TSP has proven more flexible than either the military or the OPM, its regulations did spawn yet another acronym for a court order dividing benefits - "RBCO," for "Retirement Benefits Court Order." As early as 1969, however, some States had declared pension rights to be community property, divisible upon divorce.2 The tide had clearly turned on this question, at least in the community property States, when the California Supreme Court issued its 1974 opinion in Fithian.3 Pension decisions, at first, addressed benefits which were vested at the time of divorce. Eventually, divisibility was extended to non-vested and unmatured retirement benefits as well.4 First, Scott's holding was based on changed factual circumstances. In Scott, the custodial parent moved the district court for modification of the child support order in accordance with NRS 125B.070, seeking the statutory maximum of the noncustodial parent's gross monthly income, including any overtime pay. 107 Nev. at 839,822 P.2d at 655. Six months later, the district court modified the child support order, finding that the custodial parent's loss of a roommate constituted a "substantial change of circumstances." Id. The district court, however, deviated down from the statutory maximum based on the fact that the noncustodial parent had remarried and was responsible for two additional children. Id. at 840, 822 P.2d at 656. The noncustodial parent appealed on the basis that there was not a "substantial change of circumstances justifying modification of the child support award." Id. at 840, 822 P.2d at 656. 65279;The husband filed a motion requesting that the child be named his "defacto child"; the wife opposed and requested blood tests. A referee heard the motion and recommended an order that the case be found "similar to Frye v. Frye, 103 Nev. 301,738 P.2d 505 (1987) based on the conduct of the parties," and that the husband "should be declared the real father." The district court sustained the wife's objection and ordered blood tests, which conclusively proved the husband's non-paternity. On return to the court, however, the district court found that the wife had failed to rebut a conclusive presumption of California Evidence Code section 621, and further ruled that the wife was equitably estopped from denying the husband's paternity. Ms. Rivero filed a complaint for divorce, and the parties eventually reached a settlement. The district court entered a divorce decree incorporating the parties' agreement. The parties agreed to joint physical custody of the child, with Ms. Rivero having physical custody five days each week and Mr. Rivero having physical custody for the remaining two days. The divorce decree also reflected the parties' agreement that neither party was obligated to pay child support. Jill Prevost married Tom Harms, a career military officer, in 1967. By 1984, when their marriage ended, they were living separately in Germany. Jill filed for divorce in Illinois (Tom’s legal residence) in March, 1984.1 In May, Tom requested a stay pursuant to the Soldiers’ and Sailors’ Civil Relief Act. Tom filed a new action in the German court with jurisdiction over divorce actions at about that time, and the German court proceeded to judgment on questions of custody, visitation, support, and property division.

You can find Nevada domestic violence specialist lawyer Why It Might Be Appropriate to Re-allocate the SBP Premium Divison of Military Retirement Benefits In Divorce Section VII The Marren and Page Case List Dimick v Dimick Las Vegas family law advocate QDRO checkup The Marren and Page Case List Renshaw v Renshaw and Wallaker v Wallaker Less is More and More is Less More or Less The Marren and Page Case List Weeks v Weeks and Graham v Graham Either Federal or State Courts May Make the Hague Determination Civil Service Division of Just Community Property or Other Property Considered Rivero v Rivero Opinion Subsection Three B Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar Some Practical Points to Actual Collection of Child Support Alimony and Pro What is Considered Community Property The Marren and Page Case List Peardon v Peardon Nevada domestic violence specialist lawyer available at lvfamilylawyer.com by clicking above.

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