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HI HR80
Resolution
Status
3/10/2017
Primary Sponsor
Linda Ichiyama
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AI Summary
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Requests Hawaii judiciary to adopt guidelines prohibiting courts from indemnifying a veteran's spouse or former spouse for any reduction in military retirement or retainer pay caused by service-connected disability pay waivers.
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Addresses situations where veterans receiving disability ratings after divorce are required to waive retirement salary, which can reduce spousal support obligations, and courts have historically required veterans to compensate ex-spouses for the difference.
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Prohibits courts from awarding any other income or property of the veteran to compensate the spouse or former spouse for pre-judgment or post-judgment waivers or reductions in military retirement or retainer pay related to service-connected disability benefits under 38 U.S.C. Chapter 11.
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Recognizes that current practice penalizes disabled veterans, many on fixed incomes, for receiving benefits earned through military service.
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Directs transmission of a certified copy of the resolution 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