In Re Marriage of Sandy

James C. Sandy (James) appeals from an order denying his motion to quash a writ of execution obtained by Hilma M. Sandy (Hilma) to enforce a March 1, 1977, order “confirming” his obligation to pay spousal support. He collaterally attacks the March 1 order as an invalid retroactive modification of his support obligation contained in the final decree of dissolution dated May 6, 1974. He also attacks the final decree as in violation of federal law relating to military retirement pay. We affirm the order.

Facts

The final decree of dissolution of the Sandy marriage awarded custody of the Sandys’ minor son to Hilma, prescribed the division of property and ordered “[t]hat [James] continue to pay [Hilma] his [military] retirement check as spousal and child support.” No provision was made segregating the amount between Hilma and their son.

At the time of the support order James’ military retirement check amounted to $600 per month. It periodically increased. From the date of their separation until December 1973 his check was sent directly to a joint bank account maintained by the parties.

In October of 1973 the Sandys’ son became 18. James did not seek a modification of the…