In Re the Marriage of Sandra Howell, Petitioner/appellee, and John Howell, Respondent/appellant

Summary

The court held that federal law does not preempt an order requiring a retired veteran to reimburse an ex-spouse for a reduction in military-retirement payments caused by a post-decree waiver to receive disability benefits. Although the state statute applies because the order modified rather than merely enforced the original property division, applying the statute to bar relief would retroactively impair the ex-spouse's vested property right and violate due process. The court vacated the court of appeals' decision and affirmed the family court's judgment, including its unchallenged laches limitation on arrearages.