In the Matter of the Marriage of Eric G. Strom, Appellant, and Christina A. Strom, Appellee.
BY THE COURT
K.S.A. 2017 Supp. 60-2403 governs dormancy of judgments.
Interpretation of a statute is a question of law over which
appellate courts have unlimited review.
K.S.A. 2017 Supp. 60-2403(a) applies to judgments in divorce
Under the facts of this case, the parties agreed in the
property settlement agreement that husband would pay the wife
monthly installment payments representing one-half of his
military retirement pay until the death of either party.
Because the length of the marriage was less than 10 years,
the military finance center would not recognize the
assignment of husband's military retirement pay to the
wife. See 10 U.S.C. 1408(d)(2) (2012).
same rules that apply to alimony and child support
installments also apply to a judgment for division of
property which is payable in installments commencing in the
future and payable over a term of years.
to a judgment payable in installments, the dormancy period
commenced as to each installment when it became due and was
collectible by execution or other legal process.
from Riley District Court; Meryl D. Wilson, judge.
A. Luckman, of Stumbo Hanson, L.L.P., of Topeka, for
Bentson Oleen, of Oleen Law Firm, LLC, of Manhattan, for
Bruns, P.J., Buser and Schroeder, JJ.
of his 1995 property settlement agreement approved by the
district court, Eric G. Strom agreed to pay his former wife,
Christina A. Strom, a portion of his military retirement pay
until one of them dies. For reasons not reflected in the
record, no payments have been made to Christina for over 22
years. The district court determined the agreement to pay
part of Eric's military retirement pay each month created
a monthly judgment as each month passed. In doing so, it
found the judgments for the last five years enforceable and
for years six and seven revived. Eric appeals. We agree with
the district court on this point and affirm.
and Christina Strom married in 1986 and divorced in 1995. At
the time of the divorce, Eric had retired from the military
and was receiving military retirement benefits. In the
Separation and Property Settlement Agreement (Agreement),
Eric agreed to give Christina a portion of his military
"2.10 Military Retirement Pay. The
HUSBAND agrees that during this marriage the WIFE has earned
an independent property right to a portion of his military
retirement. The HUSBAND agrees that the WIFE should be
entitled to receive as her share fifty percent (50%) or Seven
Hundred Forty-Three and No/100 Dollars ($743.00) of his
military retirement pay, which he is presently receiving,
commencing on the first day of the month following the
finalization of this divorce for a period of ten (10) years.
After July 1, 2005, the WIFE shall be entitled to receive
twenty percent (20%) of HUSBAND's military retirement
"The WIFE shall receive by direct payment from the
military finance center the amount set forth above less
Federal and State Income tax withholding deductions. The
HUSBAND agrees to provide any information or documentation
the WIFE may need to complete her request for direct payment
of disposable military retirement pay from the Military
"Payments to the WIFE shall terminate upon the death of
the WIFE or HUSBAND, whichever occurs first.
"Each party shall be responsible for their own taxes due
to their income from the military retirement."
district court approved the Agreement and incorporated it as
part of the divorce decree. Eric never made ...