CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Federal Benefits
.........US Former Spouses' Protection Act
............Jurisdiction
10 Cards On This Topic:

USFSPA provides limited bases for jurisdiction.

Federal defenses to state court action dividing military pension must be raised in state proceedings.

H's presence in Cal. due to military assignment with no intent to remain indefinitely in Cal. does not create jurisdiction to divide military pension.

Jurisdiction over military pension may be challenged in Response which admits that court has in personam jurisdiction for purposes of making orders on other issues.

Jurisdiction to divide military pension more limited than minimum contacts test necessary to enforce child support obligation.

Cal. properly exercised personal jurisdiction over Va. resident who had strong ties with Cal., which he attempted to sever immediately after separation.

Once military member consents to Cal. jurisdiction for dissolution, Cal. courts have continuing jurisdiction for purposes of dividing military pension under FUSFSPA after s/he leaves state.

Cal. did not have jurisdiction to divide omitted pension despite H's having filed there for dissolution.

H, a domiciliary of Iowa, consented to Cal. jurisdiction by filing response in W's legal separation action.

Court may divide c/p interest in military pension where marriage less than 10-years, however, direct payment may not be ordered.