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Foster v. Foster

Michigan Supreme Court Lansing, Michigan
Dec 23, 2020
951 N.W.2d 681 (Mich. 2020)

Opinion

SC: 161892 COA: 324853

12-23-2020

Deborah Lynn FOSTER, Plaintiff/Counterdefendant-Appellant, v. Ray James FOSTER, Defendant/Counterplaintiff-Appellee.


Order

On order of the Court, the application for leave to appeal the July 30, 2020 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the defendant has the ability to challenge the relevant term of the consent judgment in this case given that federal law precludes a provision requiring that the plaintiff receive reimbursement or indemnification payments to compensate for reductions in the defendant's military retirement pay resulting from his election to receive any disability benefits. See Howell v. Howell , 581 U.S. ––––, 137 S. Ct. 1400, 197 L. Ed. 2d 781 (2017).

The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).

Operation Firing for Effect, Forgotten Warriors Project, Inc., and Veterans of Foreign Wars Insurance Institute of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.


Summaries of

Foster v. Foster

Michigan Supreme Court Lansing, Michigan
Dec 23, 2020
951 N.W.2d 681 (Mich. 2020)
Case details for

Foster v. Foster

Case Details

Full title:DEBORAH LYNN FOSTER, Plaintiff/Counterdefendant-Appellant, v. RAY JAMES…

Court:Michigan Supreme Court Lansing, Michigan

Date published: Dec 23, 2020

Citations

951 N.W.2d 681 (Mich. 2020)

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See Foster v. Foster, 505 Mich. 151, 949 N.W.2d 102 (2020) ("Foster II") (vacating in part and reversing in…

Foster v. Foster

Howell v. Howell , 581 U.S. 214; 137 S.Ct. 400 [1400], 197 L.Ed.2d 781 (2017). [ Foster v. Foster , 506 Mich.…