Hicks v. Hicks

348 S.W.3d 281 (2011)

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Hicks v. Hicks

Texas Court of Appeals
348 S.W.3d 281 (2011)

  • Written by Whitney Kamerzel , JD

Facts

Kyle Hicks (defendant) was married to La’Kesha Hicks (plaintiff) for several years before La’Kesha filed for divorce. Kyle was employed by the Air Force and continued working on active duty after his divorce. The trial court’s divorce decree stated that La’Kesha was entitled to a portion of Kyle’s Air Force retirement benefits. Specifically, the decree stated that La’Kesha’s portion was to be calculated as 50 percent of Kyle’s retirement pay multiplied by a fraction reflecting the number of months Kyle and La’Kesha were married during which Kyle was employed by the Air Force divided by the number of months Kyle was employed by the Air Force as of retirement. The Air Force computed Kyle’s retirement pay based on various factors including length of service and pay grade, meaning Kyle’s retirement benefit was expected to increase after divorce if Kyle achieved a promotion and higher pay grade. Kyle appealed, arguing that the divorce decree used an outdated formula for calculating La’Kesha’s portion of the retirement benefit.

Rule of Law

Issue

Holding and Reasoning (Hedges, C.J.)

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