Donald v. Donald

Father appealed from a decree dissolving his marriage to Mother, contesting the award of custody of the parties’ two children to Mother, the order that Father pay child support, and the classification of lump-sum disability benefit payment from the Department of Veterans Affairs (VA) as marital property. The Supreme Court modified the decree to exclude the payment’s proceeds, holding (1) federal law prevents a state court from exercising subject matter jurisdiction over VA disability benefits, and therefore a state court cannot include the amount of military retirement pay that a veteran waives in order to receive such benefits as divisible marital property; and (2) the remainder of the district court’s rulings were not in error. View "Donald v. Donald" on Justia Law