Consent Divorce Judgment’s Military Benefits Provision Cannot Be Collaterally Attacked
Even though the parties’ consent judgment of divorce included an offset provision, the defendant’s challenge to enforcing that provision is an improper collateral attack.
MSC: Consent Divorce Judgment Preempted By Federal Law
A consent JOD under which the parties agreed that the defendant would pay the plaintiff one-half of his military retirement benefits is preempted by federal law and is unenforceable.