In re the Marriage of Hill
Lori A. Hill, Petitioner-Appellee
Marshall R. Hill-Respondent-Appellant
Attorney for Appellant
Janell K. Bock
Attorney for Appellee
Amanda Van Wyhe
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge. AFFIRMED. Heard by Bower, C.J., Tabor, J., and Doyle, S.J. Opinion by Doyle, S.J. (9 pages)
Marshall Hill appeals the entry of an amended order for military retired pay (MRPDO). The decree and original MRPDO employed, under In re Marriage of Benson, 545 N.W.2d 252 (Iowa 1996), Marshall’s years of service in the formula dividing his military retirement benefits. The amended order utilizes Marshall’s accrued reserve points in the division formula, as required by the Defense Finance and Accounting Service. Marshall contends the amended MRPDO impermissibly modifies the property-division provisions of the decree dissolving his marriage to Lori Hill. OPINION HOLDS: The reserve points Marshall accrued during the marriage accurately reflects the military retirement benefits he accrued during the marriage. His years of service does not. So, using points rather than years in the division formula does not conflict with, but follows, the decretal court’s intent to divide the military benefits accrued during the marriage. We therefore conclude there is no impermissible modification of the property division. We affirm the district court.
