Marriage of Brown CA4/1

I.

INTRODUCTION

Appellant Jerry Brown (Jerry)1 appeals from a postjudgment order of the trial

court pertaining to the distribution of his military pension between him and his ex-wife,

Lucina Brown (Lucina), an award of attorney fees and spousal support. According to

Jerry, the trial court violated his right to due process of law, and also violated the

Servicemembers Civil Relief Act (50 U.S.C., § 850 et seq.) (SCRA), by failing to grant

him an additional request for a stay after having granted multiple previous requests for

continuances, on the ground that Jerry was on military deployment on the date of the

hearing. Specifically, Jerry contends that the trial court should have stayed the matter in

order to allow him the opportunity to provide oral testimony regarding the distribution of

a $30,000 lump sum payment provided under the military retirement system that Jerry

had elected, prior to deciding that Lucina was owed half of that payment as her share of

the community property. Jerry also argues that the trial court erred by failing to "balance

the hardships to both parties" when it ordered that the pension division and the attorney

fees award be collectible as…