[Download] "Amy Ruth Griggs v. Charlie E. Griggs" by 14820 Supreme Court of Idaho Nos. 14250 " Book PDF Kindle ePub Free

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eBook details

• Title: Amy Ruth Griggs v. Charlie E. Griggs
• Author : 14820 Supreme Court of Idaho Nos. 14250
• Release Date : January 08, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This case is an appeal from an Order of the District Court issued on reconsideration, pertaining to the distribution of property incident to a divorce proceeding. On May 2, 1954, plaintiff-respondent (wife) and defendant-appellant (husband) were married in Maryland. Husband served in the United States Air Force for four years prior to the marriage, the eighteen years during the marriage. During his tour of duty, husband was injured in Vietnam, and was assessed as being disabled to the extent of 20%. On March 4, 1980, wife brought an action in Idaho for a divorce, and a division of the property of the marriage. The magistrate court granted the divorce and divided the property of the marriage between the parties. The magistrate court specifically found that at the time of the divorce, husband was receiving both retirement and disability pay. The court determined the disability pay was not awarded in addition to husband's full retirement pay, but rather payment of this disability pay reduces the amount of retirement pay received in the same amount. The magistrate concluded that both the retirement pay and the disability pay were community property. That portion of benefits attributed to the time husband served in the military prior to the marriage was determined to be husband's separate property.

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