At the recent Summer Seminar, one of the published decisions Scott Bassett summarized during his presentation was Megee v Carmine, Docket No. 292207, (For Publication), November 16, 2010. Michigan Court of Appeals. It dealt with the consequences of the husband's post-divorce waiver of retirement pay in favor of collecting combat-related special compensation (CRSC).
The parties' judgment of divorce was entered in September 1989. In the judgment, defendant Carmine [f/k/a Megee] was awarded 50 percent of plaintiff’s Navy disposable retirement pay as part of the property division. The judgment incorporated a Qualified Domestic Relations Order (QDRO) to enforce that provision. The QDRO acknowledged the 50-percent division of plaintiff’s disposable retirement pay, also referred to therein as his pension, and it prevented plaintiff from making another benefit election “that would otherwise reduce the monthly pension allotment without the written consent [of defendant].”