No. 24-1160

William R. Lott v. Maria V. Lott

Lower Court: Virginia
Docketed: 2025-05-13
Status: Denied
Type: Paid
Experienced Counsel
Tags: disability-pay divorce-proceedings federal-preemption state-jurisdiction supremacy-clause veterans-benefits
Latest Conference: 2025-09-29
Question Presented (from Petition)

May a state court enforce a contractual agreement entered into between a disabled veteran and his former spouse, which agreement obligates the veteran to use restricted federal benefits to indemnify his former spouse, where there is no federal statute expressly authorizing the state to exercise jurisdiction or authority over such benefits; where a federal statute (38 U.S.C. § 5301) expressly prohibits the state court from using "any legal or equitable power whatever" to compel the veteran to abide by such an agreement; and where that same statute expressly prohibits and voids any and all such agreements?

Question Presented (AI Summary)

May a state court enforce a contractual agreement entered into between a disabled veteran and his former spouse, which agreement obligates the veteran to use restricted federal benefits to indemnify his former spouse, where there is no federal statute expressly authorizing the state to exercise jurisdiction or authority over such benefits

Docket Entries

2025-10-06
Petition DENIED.
2025-06-25
DISTRIBUTED for Conference of 9/29/2025.
2025-05-09
Petition for a writ of certiorari filed. (Response due June 12, 2025)
2025-03-04
Application (24A835) granted by The Chief Justice extending the time to file until May 9, 2025.
2025-02-25
Application (24A835) to extend the time to file a petition for a writ of certiorari from March 10, 2025 to May 9, 2025, submitted to The Chief Justice.

Attorneys

William Lott
Carson J. TuckerLex Fori, PLLC, Petitioner