Bill Text: HI SR55 | 2017 | Regular Session | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2017-03-28 - The committee on PSM deferred the measure. [SR55 Detail]

Download: Hawaii-2017-SR55-Introduced.html

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THE SENATE	S.R. NO.	55
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

SENATE RESOLUTION

 

 

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.

 

 

 

     WHEREAS, veterans of the United States military deserve respect and consideration because they have worked hard and sacrificed much in service to and for the common good of their nation; and

 

     WHEREAS, the compensation received by United States military veterans for retirement, retainer, and service-connected disabilities should not be lightly taken away from them; and

 

     WHEREAS, when a veteran receives a disability rating, the veteran may collect disability benefits; however, to prevent double-dipping, the veteran is required to waive the veteran's retirement salary to the extent the veteran receives disability benefits; and

 

     WHEREAS, if the veteran is divorced and receives a disability rating after the divorce, then the foregoing waiver of the veteran's retirement salary can lower the amount of spousal support payment to the former spouse, since disability pay cannot be awarded to an ex-spouse; and

 

     WHEREAS, under these circumstances, courts have required the veteran to indemnify the former spouse for the difference in spousal support payment caused by the veteran's receipt of the disability benefit; and

     WHEREAS, this effectively penalizes disabled veterans, many of whom are living on a fixed income, for their receipt of benefits earned in service to their country; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, that the Judiciary is requested to adopt guidelines so that, in making a disposition of property relating to the dissolution of marriage, courts do not:

 

     (1)  Indemnify a veteran's spouse or former spouse; or

 

     (2)  Award any other income or property of the veteran to the veteran's spouse or former spouse,

 

for any pre-judgment or post-judgment waiver or reduction in military retirement or retainer pay related to service-connected disability pay received by the veteran pursuant to title 38 United States Code chapter 11; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Military Veterans; Service-connected Disability Pay