Williams v. Williams

• Decision Date: 22 March 2022
• Docket Number: 55708-8-II
• Parties: In Re the Marriage of: SHAUN WILLIAMS, Appellant, v. JENNY WILLIAMS, Respondent.
• Court: Washington Court of Appeals

In Re the Marriage of: SHAUN WILLIAMS, Appellant,
v.
JENNY WILLIAMS, Respondent.

No. 55708-8-II

Court of Appeals of Washington, Division 2

March 22, 2022

UNPUBLISHED OPINION

WORSWICK, J.

Shaun Williams appeals from the superior court's denial of his motion to revise the superior court's order denying his motion to vacate the order granting his former wife, Jenny Williams', motion to enforce a Military Qualifying Court Order (MQCO). The MQCO, which was incorporated into the Williams' 2017 dissolution decree, assigned Jenny a portion of Shaun's military retirement. Post-dissolution, Shaun elected to receive disability in lieu of retirement and unilaterally reduced the amount of military retirement pay to Jenny as a result. Shaun argues that the superior court erred in denying his motion to revise its order denying his motion to vacate the order enforcing the MQCO because the doctrine of federal preemption deprived the superior court of subject matter jurisdiction to assign his VA (Veterans Affairs) disability benefits, and therefore, the dissolution decree incorporating the MQCO is void.

We hold that under the doctrine of res judicata, Shaun cannot collaterally challenge the validity of the unappealed dissolution decree and MQCO. We further hold that Jenny is entitled

1

to attorney fees on appeal. Accordingly, we affirm the superior court's order denying revision and award Jenny attorney fees.

Facts

Shaun and Jenny Williams divorced in January 2017 after a decade of marriage. In 2017, the superior court entered findings of fact and conclusions of law finding the Williams' marriage irretrievably broken and dividing their property. The decree of dissolution ordered Shaun to pay Jenny spousal maintenance and awarded Jenny "a marital share from [Shaun's] Military Retired pay." Supp. Clerk's Papers (CP) at 233. The division of Shaun's military retirement pay was delineated in an agreed Military Qualifying Court Order (MQCO) entered the same day that assigned 50% of his disposable military retirement pay to Jenny. The MQCO provided,

This Court shall retain jurisdiction to modify the pension division or property division herein should the Husband waive military retired pay for VA disability compensation, retires early, or does not retire and as a result the Wife's share of his retired pay is reduced or negated. The Court shall retain jurisdiction in order to allow it to adjust the Wife's share to pre-waiver levels or require property transfers or payments, or any other form of equitable payment, ie. support from the Husband that would otherwise result in equity between the parties in order to carry out the intent of the Court in this order

Supp. CP at 163. Shaun did not appeal the dissolution decree or the MQCO.

Due to Shaun's failure to comply...