Bill Text: HI HB418 | 2017 | Regular Session | Introduced

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Bill Title: Relating To Military Benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-07 - Passed Second Reading and referred to the committee(s) on JUD with Representative(s) San Buenaventura voting aye with reservations; none voting no (0) and Representative(s) Oshiro excused (1). [HB418 Detail]

Download: Hawaii-2017-HB418-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	418
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO MILITARY BENEFITS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that when a veteran receives a disability rating, the veteran may collect disability benefits.  To prevent "double-dipping", the veteran is required to waive the veteran's retirement salary to the extent the veteran receives disability benefits.  If the veteran is divorced and receives a disability rating after the divorce, then the waiver of the veteran's retirement salary can effectively lower the amount of spousal support payment to the former spouse, since disability pay cannot be awarded to an ex-spouse.  Courts have addressed this issue by requiring the veteran to indemnify the former spouse for the difference.

     The purpose of this Act is to prohibits courts from indemnifying or awarding any other income or property of the veteran to the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retirement or retainer pay related to receipt of disability benefits awarded to the veteran.

     SECTION 2.  Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§571-     Divorce; division of property; military retirement benefits; disability-related waiver.  In making a disposition of property pursuant to section 510-9 or 580-47, or any other provision of law relating to the dissolution of marriage, a court shall 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 prejudgment or postjudgment waiver or reduction in military retirement or retainer pay related to receipt of disability benefits awarded to the veteran for service-connected disabilities pursuant to title 38 United States Code chapter 11."

     SECTION 3.  Section 510-9, Hawaii Revised Statutes, is amended to read as follows:

     "§510-9  Divorce; division of property.  In the event of the dissolution of marriage by decree of any court of competent jurisdiction[,] and subject to section 571-   , community property shall be divided between the parties by the court granting the decree, in such proportions as the court, from the facts in the case, deems just and equitable, and such division shall be subject to revision on appeal in all respects including the exercise of discretion by the court below."

     SECTION 4.  Section 580-47, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Upon granting a divorce, or thereafter if, in addition to the powers granted in subsections (c) and (d), jurisdiction of those matters is reserved under the decree by agreement of both parties or by order of court after finding that good cause exists, the court may make any further orders as shall appear just and equitable (1) compelling the parties or either of them to provide for the support, maintenance, and education of the children of the parties; (2) compelling either party to provide for the support and maintenance of the other party; (3) subject to section 571-   , finally dividing and distributing the estate of the parties, real, personal, or mixed, whether community, joint, or separate; and (4) allocating, as between the parties, the responsibility for the payment of the debts of the parties whether community, joint, or separate, and the attorney's fees, costs, and expenses incurred by each party by reason of the divorce.  In making these further orders, the court shall take into consideration:  the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, the concealment of or failure to disclose income or an asset, or violation of a restraining order issued under section 580-10(a) or (b), if any, by either party, and all other circumstances of the case.  In establishing the amounts of child support, the court shall use the guidelines established under section 576D-7.  Provision may be made for the support, maintenance, and education of an adult or minor child and for the support, maintenance, and education of an incompetent adult child whether or not the petition is made before or after the child has attained the age of majority.  In those cases where child support payments are to continue due to the adult child's pursuance of education, the agency, three months prior to the adult child's nineteenth birthday, shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the custodial parent or adult child to the child support enforcement agency, prior to the child's nineteenth birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college, or vocational school.  If the custodial parent or adult child fails to do so, prospective child support payments may be automatically suspended by the child support enforcement agency, hearings officer, or court upon the child reaching the age of nineteen years.  In addition, if applicable, the agency, hearings officer, or court may issue an order terminating existing assignments against the responsible parent's income and income assignment orders.

     In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors:

     (1)  Financial resources of the parties;

     (2)  Ability of the party seeking support and maintenance to meet his or her needs independently;

     (3)  Duration of the marriage;

     (4)  Standard of living established during the marriage;

     (5)  Age of the parties;

     (6)  Physical and emotional condition of the parties;

     (7)  Usual occupation of the parties during the marriage;

     (8)  Vocational skills and employability of the party seeking support and maintenance;

     (9)  Needs of the parties;

    (10)  Custodial and child support responsibilities;

    (11)  Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;

    (12)  Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and

    (13)  Probable duration of the need of the party seeking support and maintenance.

     The court may order support and maintenance to a party for an indefinite period or until further order of the court; provided that in the event the court determines that support and maintenance shall be ordered for a specific duration wholly or partly based on competent evidence as to the amount of time which will be required for the party seeking support and maintenance to secure adequate training, education, skills, or other qualifications necessary to qualify for appropriate employment, whether intended to qualify the party for a new occupation, update or expand existing qualification, or otherwise enable or enhance the employability of the party, the court shall order support and maintenance for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Divorce; Division of Property; Military Disability Benefits

 

Description:

Prohibits courts from indemnifying or awarding any other income or property of a veteran to the veteran's spouse or former spouse for any prejudgment or postjudgment waiver or reduction in military retirement or retainer pay related to receipt of disability benefits awarded to the veteran.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.