Rankin v. Bateman

I respectfully dissent.

This action originated by way of a motion for contempt to enforce payment of the unpaid portion of military retirement benefits. The trial court, without jury, rendered judgment providing for the payment of military retirement benefits to appellant based on appellee’s rank of major at the time of the entry of the divorce decree and not that of a Lieutenant Colonel, the rank held on the date of retirement.

The parties were divorced in 1971 and at issue, as a community property asset, was thirteen (13) years of military service during the marital status. Appellee had the…