Summary 2008 WY 14

Summary of Decision issued February 8, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Crayk, F/K/A/ Glover v. Glover

Citation: 2008 WY 14

Docket Number: S-07-0095

Appeal from the District Court of Laramie County, the Honorable Thomas T.C. Campbell, Judge

Representing Appellant (Defendant): John J. Metzke, Hirst & Applegate, PC, Cheyenne, Wyoming.

Representing Appellee (Plaintiff): Donald A. Cole, Cole & Cole, Cheyenne, Wyoming.

Facts/Discussion: Crayk sought review of a district court order amending her original decree of divorce.
The amended decree was intended to comply with the USFSPA which requires an order to specifically provide for the payment of an amount expressed in dollars or as a percentage of disposable retired pay. The order from the district court appeared to award a percentage of the military retirement in question but it also included language about a fixed monthly payment. It contained two conflicting provisions. The Court was unable to reconcile the two provisions or to determine the intent of the district court.

Holding: The original order did not specifically address the COLA issue. The district court must make a determination as to which approach, “percentage” or “fixed dollar” was intended by the original decree. The amended decree is also at odds with the USFSPA which requires that the award be expressed as either a percentage or a fixed dollar amount. This award did both creating an ambiguity. The amended decree fails to accomplish the intended goal of creating a USFSPA-complaint order.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/2jyrqx .

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