Walker

Appellant Ralph D. Walker (Ralph) appeals from the family court’s 2010 orders (1) denying his motion to set aside under Family Code section 2122 the court’s 2009 orders awarding to respondent Elena M. Walker (Elena), his former spouse, a community property interest in his California State Teachers’ Retirement System (CalSTRS) disability allowance, (2) denying his motion for an employment efforts order against Elena, and (3) denying his motion for release to him of $5,000 from a trust account so that he would be able to hire an attorney to challenge the court’s order concerning his visitation with the couple’s children.

Ralph’s challenge to the family court’s denial of his motion to set aside the 2009 orders has merit. Elena received her full community property share of Ralph’s CalSTRS retirement benefits, and, as a matter of law, she had no community property interest in his postseparation disability allowance. We reverse the family court’s denial of Ralph’s motion to set aside the 2009 orders with respect to Ralph’s disability allowance. We decline to address his other contentions because they may be affected by our reversal of the court’s denial of his motion to set…