ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S061362
CA Number:
A146603
Case Title:
James R. Herald and Dixie L. Steadman
Date:
01/13/2014
Time:
01:30 PM
Location:
Supreme Court Case 3
Attorneys:
James R. Herald on his own behalf
Helen C. Tompkins, on behalf of Dixie L. Steadman
Comments:
Statement of Issues:
James R. Herald and Dixie L. Steadman (S061362) (A146603) (appeal from Multnomah County Circuit Court; opinion reported at 256 Or App 354, 303 P3d 341 (2013)).

Petitioner James R. Herald has been granted review of a Court of Appeals decision that affirmed a trial court's marital dissolution judgment.

On review, the issues are:

(1) Can family courts consider that one spouse will receive social security
benefits in making divisions of property, without transferring the right to receive such benefits and, instead of offsetting husband's social security benefits, impute to wife's Civil Service Retirement System annuity an indivisible portion calculated to serve as what she would have earned from social security benefits, had she been enrolled in the Social Security Act?

(2) Is subtracting from second spouse's portion of first spouse's non-Social
Security Act benefits legally different from adding to first spouse's share of non-Social Security Act benefits, to "equalize" second spouse's Social Security Act benefits?

(3) Is the Court of Appeals decision a fair reading of this Court's decision in Swan and Swan, 301 Or 167, 720 P2d 747 (1986)?

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:


Last Revised: 08/15/2013