Legal Opinion

In Re Marriage of Thomas

California Court of Appeal

Decided May 30, 1984No. Civ. 26804PublishedCited by 7 opinions

1Opinion of the Court

Opinion

WORK, J.

Contending all state court judgments dividing military retirement benefits as community property which became final before June 26, 1981, the date Congress expressly declared the states may treat such funds according to laws of their jurisdictions 1 are void because of federal preemption, Billy J. Thomas attempts to appeal an unappealable order of the superior court finding him guilty of contempt for intentionally refusing to pay his former wife monthly portions of his military retirement as ordered by a final judgment of dissolution. We treat his appeal as a request for…

2Cases cited19 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  3. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  4. McCarty v. McCartySupreme Court of the United States · 1981
  5. In Re BurrusSupreme Court of the United States · 1890

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3Cited by7 opinions

  1. Thomas v. Lyles (In Re Thomas)United States Bankruptcy Court, S.D. California · 1984
  2. In Re Marriage of CastleCalifornia Court of Appeal · 1986
  3. Fern v. United StatesUnited States Court of Claims · 1988
  4. In Re AckerCalifornia Court of Appeal · 1984
  5. In Re Marriage of FosterCalifornia Court of Appeal · 1986

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