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WALBORN v. WALBORN

No. 21410.

905 P.2d 1029 (1995)

127 Idaho 720

Chester A. WALBORN, Plaintiff-Respondent, v. Mary D. WALBORN, n/k/a Mary Young, Defendant-Appellant.

Supreme Court of Idaho, Boise, September 1995 Term.

November 7, 1995.

Attorney(s) appearing for the Case

Cosho, Humphrey, Greener & Welsh, P.A., Boise, for appellant. Scott A. Tschirgi argued.

Hall & Friedly, Mountain Home, for respondent. Jay R. Friedly argued.

JOHNSON, Justice.

This case concerns the limits on income tax withholdings from a military retiree's pension under the Uniformed Services Former Spouses' Protection Act (USFSPA). Pub.L. No. 97-252, Tit. X, § 1001, 96 Stat. 730 (1982) (prior to 1990 amendment). We conclude that under this version of USFSPA a military retiree may not have income taxes withheld from a military pension at a rate greater than the retiree's projected effective tax rate.

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