Richard v. Richard
Texas Court of Appeals
659 S.W.2d 746 (1983)
- Written by Whitney Kamerzel , JD
Facts
Deon Richard (plaintiff) and Roberta Richard (defendant) were married and subsequently divorced. During the marriage, Deon was discharged from the military and started receiving military disability checks. Deon converted the payments to Social Security disability payments, which were subject to the Social Security Act. At the time of the divorce, Deon, Roberta, and their daughter were all receiving separate disability checks as a result of Deon’s disability. After Deon sued for divorce, the trial court awarded Roberta custody of their daughter, 50 percent of Deon’s disability checks, and 100 percent of Roberta’s disability checks in lieu of child support. Deon appealed, arguing that the Social Security Act preempted state-law community-property rules and prohibited the distribution of half of his personal-disability benefits.
Rule of Law
Issue
Holding and Reasoning (McKay, J.)
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