In Re Krempin

J.Patricia A. Espinoza, formerly Patricia A. Krempin, appeals from postjudgment orders in the action for dissolution of her marriage to respondent Robert E. Krempin. The trial court, among other things, denied her motion to enforce a provision of the parties’ stipulated judgment which gave her a share of respondent’s military pension. In the published portion of this opinion we hold that this motion was denied on an erroneous ground, and remand that matter for further proceedings. In the unpublished section we reject appellant’s other claims.

I. Background .

The parties separated in June of 1991 after a marriage of almost 20 years. In June of 1993, a stipulated judgment was filed which divided their community property. The judgment provided that “[appellant] is awarded a twenty-five percent (25%) interest in [respondent’s] Air Force Retirement with monthly payments to commence upon [respondent’s] retirement from the Air Force.” The marital settlement agreement incorporated into the judgment added: “Said monthly payments shall be in the amount of twenty-five (25%) of the monthly payments payable to [respondent] upon Ms retirement. [^] The Court in the parties’…