Mallard v. Burkart

CARLSON, Presiding Justice,

for the Court:

¶ 1. James Mallard and Tonya Mallard (now Tonya Mallard Burkart)1 were divorced on April 25, 2001. Incorporated into the Final Judgment of Divorce was the Child Custody and Support and Property Settlement Agreement executed by the parties. A significant portion of the financial settlement that Burkart received in the property settlement agreement consisted of forty percent of Mallard’s “disposable military retirement pay” for ten years. Following the divorce, Mallard elected to adopt a sixty-percent disability rating as part of his retirement pay.…