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HI HCR130

Concurrent Resolution

Status

Introduced

3/10/2017

Primary Sponsor

Linda Ichiyama

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Origin

House of Representatives

2017 Regular Session

AI Summary

  • Requests the Hawaii Judiciary adopt guidelines prohibiting courts from indemnifying a veteran's spouse or former spouse for any reduction in military retirement or retainer pay caused by the veteran's receipt of service-connected disability benefits.

  • Addresses situations where disabled veterans must waive retirement pay to the extent they receive disability benefits, which can reduce spousal support obligations, and courts have previously required veterans to compensate ex-spouses for this difference.

  • Prevents courts from awarding any other income or property of the veteran to compensate a spouse or former spouse for pre-judgment or post-judgment waivers or reductions in military pay related to service-connected disability pay under title 38 U.S. Code chapter 11.

  • Directs that a certified copy of the resolution be transmitted to the Chief Justice of the Hawaii Supreme Court.

Legislative Description

Requesting The Judiciary To Adopt Guidelines When Making A Disposition Of Property Relating To The Dissolution Of Marriage, To Refrain From Indemnifying A Veteran's Spouse Or Former Spouse For Any Pre-judgment Or Post-judgment Waiver Or Reduction In Military Retirement Or Retainer Pay For Service-connected Disability Pay Received By The Veteran.

Military Veterans

Last Action

Report adopted; referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Aquino, Oshiro, Say, Thielen excused (4).

3/29/2017

Committee Referrals

Judiciary3/29/2017
Veterans, Military, & International Affairs, & Culture and the Arts3/14/2017

Full Bill Text

No bill text available