Santa Clarita Divorce In The News | 05/15/2012

by Tim on May 16, 2012

Santa Clarita Divorce In The News | 05/15/2012

 

Today we have some entertaining updates for you in the world of celebrity divorce! It looks like Kim Kardashian is quickly rebounding from her last marriage and getting close to Kanye West. Russell Brand delivers a harsh blow to ex-wife Katy Perry. Eva Longoria spills the details on her divorce, and Camille Grammer is having difficulty on getting her children in her new reality show. Enjoy today’s post!

 

  • The Kardashian sisters recently dropped by Leno’s Tonight Show to gossip about all three of their love lives and careers. The sisters were especially interested in Kim’s rebound from her 72-day-long marriage, and how Kanye West wrote a song about her (his new girlfriend).  Read More

 

 

  • You might think that serving your spouse with divorce papers might be pretty brutal, but Russell Brand has just crossed the line with ex-wife Katy Perry by unfollowing her on Twitter! It has been recently reported that Brand sent Perry and emotionally fueled email saying that divorcing her was the biggest mistake of his life – but it looks like he quickly one-eightied on his feeling for her and no longer wishes to receive her tweets.  Read More

 

 

  • Gary Coleman, ex-star in Different Strokes, has a battle being fought over his estate between his ex-wife (who lived with Coleman until he passed away in 2010) and an ex-girlfriend of his that was legally named a beneficiary of his estate. Apparently the cards did not play to his ex-wife’s favor, but that does not mean Gary’s ex-girlfriend holds a stake in his estate either since the former star has multiple wills that need to be taken into consideration.  Read More

 

 

  • Actress Stacey Nelkin has published an article recently with the Huffington Post on how to keep your marriage – or rather your second marriage – in good health.  Read More

 

 

  • Usher’s divorce has been taking a turn for the worst recently, especially for his estranged wife who seems to be fighting an impossible battle. She started guns out an all, making a grab for full custody of their children, and has been beaten down to the position of just trying to secure a home for herself and possibly the children if she is awarded any custody at all.  Read More

 

 

  • Desperate Housewives star Eva Longoria has finally opened up about her 2010 divorce from her NBA star ex-husband. She cites the major incentive for the split being her ex-husband’s running around with other women, and rightfully shoots down the societal stigma that it is the woman’s fault when heir man cheats.  Read More

 

 

  • Camille Grammar is not going to be frequenting her new reality show as much anymore because of complications with her ex-husband Kelsey Grammar. Camille has been trying to get their children on the TV show but Kelsey refuses to sign off on the paper work that would allow them to make an appearance.  Read More

 

 

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Can Military Pensions Be Divided In A Divorce? | Santa Clarita Family Law

by Tim on May 15, 2012

Military Retirement Pay
by James P. Reape, Esq. – The Reape – Rickett Law Firm

 

In 1981, the United States Supreme Court, in McCarthy v. McCarthy, held that the state courts could not divide federal military pensions. Congress, in response, enacted the Uniform Service Former Spouses Protection Act (USFSPA) allowing the state courts to divide service member’s disposable retirement pay according to the laws of the state

Downsizing has affected the military as well as the private sector. To enhance early retirement in the private sector, companies offer enhanced early retirement benefits. The California Supreme Court determined in In RE Marriage of Lehman (1998) 18 Cal. 4th 169 that “… a non employee spouse who owns a community property interest in employee spouse’s retirement benefits package under such a plan owns community property interest in the latter’s retirement benefits as enhanced.” The employer’s motivation for the payment of benefits and the employee’s reason for accepting them are irrelevant considerations in characterizing employment benefits.

The military compliment to the civilian enhancement are as set forth in 10 United States Code, Section 1175 and it consists of VSI “which is a monthly payment or a lump sum payment termed “Special Separation Benefit” (SSB)

In the case of In RE Marriage of Babauta (1998) – ___Cal. App 4th ____, decided September 10, 1998, Evangelist Babauta divorced in 1991 when he was a Captain in the Marine Corps. He was eligible for retirement in 1995, but in 1993, he took advantage of the voluntary separation program and elected VSI payments. His Judgment of Dissolution retained jurisdiction over his military retirement benefits. Mr. Babauta claimed the payments to be non divisible by the State Courts as it was not “disposable retired pay” subject to USFSPA and that if the Court did exercise jurisdiction over the payment that the payment was his separate property because it was a cushion for job loss and dislocation as opposed to payment for past services. The Court of Appeal found that the State Court does have jurisdiction– relying on the Department of Defense brochure providing that the treatment of VSI or SIB by a State Court in divorce is not dictated by federal law, but is left up to the states. Similar results have been reached in Colorado, Arizona, Montana, Oklahoma, South Carolina and Texas. Ohio, however, has held otherwise.

The California Court of Appeal, also consistent with In Red Marriage of Lehman , characterized the payments as divisible community property.

Readers are welcome to contact my office at (661)-288-1000 should there be any questions regarding the above.

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Valencia Family Law In The News | 05/14/2012

May 15, 2012

Valencia Family Law In The News | 05/14/2012   Thanks for checking out today’s edition of  the Reape-Rickett Law Firm’s Valencia Family Law In The News!  We’ve got some exciting stories for you, including the latest on celebrity divorce battles, a professional boxer who was served right before his fight, an interesting insight into the [...]

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Clients Showing Their Appreciation | Valencia Divorce

May 14, 2012

Clients showing pride in our work – by pasting it to the back of their cars for all to see!          

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Don’t Want To Go To A Public Courtroom? Here Are Your Options | Valencia Family Law

May 14, 2012

Alternatives To The Public Courtroom by James P. Reape, Esq. – The Reape – Rickett Law Firm   Not always can a dispute be settled without some court intervention or other assistance from a third party. In some instances parties opt for mediation and appoint a third party to act in that role to help [...]

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Santa Clarita Family Law In The News | 05/10/2012

May 11, 2012

 Santa Clarita Family Law In The News | 05/10/2012 Today we have some exciting and entertaining news in world of marriage and divorce. President Obama has finally taken a stance on same-sex marriage; a new study shows that more women in high paying jobs means more women paying alimony; an Indian couple has gotten divorced [...]

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Valencia Divorce In The News | 05/08/2012

May 9, 2012

Today the Reape-Rickett Law Firm brings you the latest in celebrity marriage updates including a major victory today for Deion Sanders in his highly tense and dramatic divorce. We also have a story on a divorce attorney who is in trouble for writing an epic Christmas poem about one of his cases that’s dragged on [...]

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Santa Clarita Divorce In The News | 05/04/2012

May 5, 2012

Santa Clarita Divorce In The News | 05/04/2012   For today’s edition of Santa Clarita Divorce In The News, the Reape-Rickett Law Firm brings you inside scoop on Kim Kardashian’s divorce difficulties, as well as the latest on the heated custody battle between Deion and Pilar Sanders. Also, we have found an insightful article on [...]

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Valencia Family Law In The News | 05/03/2012

May 4, 2012

For today’s edition of Valencia Family Law In The News, we have more celeb marriage updates for you, including the latest on the increasingly tense and violent divorce between former NFL player Deion Sanders and his wife. We also have a story on a divorce judge who is getting a demotion because of his inappropriate [...]

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Don’t Bother, Ruth! | Marriage Of Sorge | Santa Clarita Family Law

May 4, 2012

Don’t Bother, Ruth! Marriage of Sorge by Russell H. Thaw   Attorney Russell H. Thaw’s new article on the Marriage of Sorge was recently published in Valley Lawyer’s by the San Fernando Valley Bar Association. In it he highlights why fiduciary duty does not hold up in nearly all post-judgment cases. You can read his article below, [...]

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