Legal Opinion
In Re Marriage of Doud
California Court of Appeal
Decided May 23, 1986No. Civ. 24445PublishedCited by 9 opinions
1Opinion of the Court
Opinion
BLEASE, J.
Two and one-half years after the entry of a judgment awarding Robert Doud (Robert) a federal military pension as his separate property, Betty Doud (Betty) moved to modify the judgment pursuant to Civil Code section 5124.1 The judgment had been entered pursuant to a stipulation with Betty to apply the impending ruling in McCarty v. McCarty (1981) 453 U.S. 210 [69 L.Ed.2d 589, 101 S.Ct. 2728]. The trial court granted the motion, awarding Betty an interest in the pension. In this appeal Robert challenges the constitutionality of section 5124 as impairing a contract embodied in…
2Cases cited29 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- McCarty v. McCartySupreme Court of the United States · 1981
- In Re Marriage of BrownCalifornia Supreme Court · 1976
- In Re Marriage of BouquetCalifornia Supreme Court · 1976
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3Cited by9 opinions
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- Rymer v. HaglerCalifornia Court of Appeal · 1989
- Deputy Sheriffs' Assn. v. County of San DiegoCalifornia Court of Appeal · 2015
- Walborn v. WalbornIdaho Supreme Court · 1991
- Wm. R. Clarke Corp. v. Safeco InsuranceCalifornia Court of Appeal · 2000
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