Stanton v. Stanton

An issue of first impression in California is raised in this dissolution action: Does the federal preemption doctrine prohibit the inclusion of military allowances for housing and food in a party’s gross income for purposes of calculating child and spousal support, since under federal law such allowances are not taxable or subject to wage garnishment? We conclude the doctrine is inapplicable, as under United States Supreme Court authority family law support matters are within the province of state law unless “ ‘Congress has “positively required by direct enactment” that state law be preempted.’ ” (Rose v. Rose (1987) 481 U.S. 619, 625 [ 95 L.Ed.2d 599 , 107 S.Ct. 2029 ] (Rose).) “Before a state law governing domestic relations will be overridden, it ‘must do “major damage” to “clear and substantial” federal interests.’ ” (Ibid.) We join courts across the nation in holding such allowances are included in a party’s gross income for purposes of support when state law encompasses them. We affirm orders denying Soloman Robert Stanton’s requests for modification of awards of temporary child and spousal support to Carol Adrianne Stanton, 1 which are based in part on his military…