· 10/5/2023
Matter of C. S. (Donte S.)
Citations
- 2023 NY Slip Op 05048
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Congress must affirmatively grant authority to permit state courts to divide military retirement pay
- holding that military retirement pay that had been waived by former husband to receive veterans’ disability benefits was not community property divisible upon divorce
- holding that the USFSPA did “not grant state courts the power to treat as property divisible upon divorce military retirement pay that has been waived to receive veterans’ disability benefits”
- holding that the USFSPA did \not grant state courts the power to treat as property divisible upon divorce military retirement pay that has been waived to receive veterans' disability benefits\
- holding that federal law preempted and precluded state law division of VA disability retirement pay as marital property
- holding that state courts are prohibited from dividing military retirement pay waived in favor of military disability benefits.
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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