Karen H. Foster v. Douglas S. Foster

This is the second appeal in a post-divorce proceeding involving the computation of Wife’s portion of Husband’s military retirement pay. In the first appeal, we affirmed the trial court’s computation and remanded the case for further proceedings. On remand, the trial court assessed the arrearage of retirement pay that had accrued during the pendency of the appeal and awarded Wife her attorney’s fees. Husband appeals, contending that the trial court lacked subject matter jurisdiction and that Wife lacked standing to raise the issue of calculation of military retirement pay; Husband also raises numerous other issues related to the propriety of the judgment that was at issue in the first appeal, each party’s entitlement to attorney’s fees, and the trial court’s denial of two motions to recuse itself. We vacate the award of attorney’s fees for services rendered in another proceeding, and affirm the judgment in all other respects; we award Wife her attorney’s fees incurred in this appeal and remand the case for a determination of the amount to be awarded.