In February, the Oregon Court of Appeals ruled on a case I filed. The ruling addressed two issues: The calculation of a military pension; and use of the child tax exemption. The Court refused to rule on the child tax exemption issue due to lack of preservation and invited error. The opinion has an interesting discussion of those two issues. The Court did agree with me that the highest pay grade should be used to calculated the division of a military pension regardless of the date of divorce. The opinion can be read here: http://www.publications.ojd.state.or.us/docs/A146655.pdf
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Here in Tulsa County, Oklahoma we litigate the issue of military retirement pension on a regular basis. Under our state’s laws, the issue is well settled.