Sean Braunstein v. Jericka Braunstein
SocialSecurity ERISA JusticiabilityDoctri
Where Congress's enumerated military powers preempt all state law concerning disposition of military benefits, and Congress has not affirmatively granted the state the power to treat veterans' disability benefits received by a non-retired, disabled service member as 'income' for purposes of support obligations to dependents, and in fact, explicitly, excludes such benefits from state court control and affirmatively protects these benefits from 'all legal and equitable process whatever' whether 'before or after receipt' by the veteran, is Rose v. Rose, 481 U.S. 619 (1987), which ruled to the contrary, a legitimate basis for the state of New Hampshire to usurp the Supremacy Clause and, in direct conflict with positive federal law, order Petitioner, a non-retired, disabled veteran to include these monies as 'income' available for purposes of calculating his child support obligations?
QUESTIONS PRESENTED 1. Where Congress’s enumerated military powers preempt all state law concerning disposition of military benefits, and Congress has not affirmatively granted the state the power to treat veterans’ disability benefits received by a non-retired, disabled service member as “income” for purposes of support obligations to dependents, and in fact, explicitly, excludes such benefits from state court control and affirmatively protects these benefits from “all legal and equitable process whatever” whether “before or after receipt” by the veteran, is Rose v. Rose, 481 U.S. 619 (1987), which ruled to the contrary, a legitimate basis for the state of New Hampshire to usurp the Supremacy Clause and, in direct conflict with positive federal law, order Petitioner, a non-retired, disabled veteran to include these monies as “income” available for purposes of calculating his child support obligations? 2. Where, after Rose, supra, Congress created an Article I Court in the Veterans Judicial Review Act (VJRA), 38 U.S.C. § 511 and gave the Secretary of Veterans Affairs “exclusive jurisdiction over all questions of law and fact necessary to a determination of benefits by veterans and dependents,” and made such decisions final and conclusive as to all other courts, does a state court have jurisdiction or authority to make a disposition of these benefits to another party in a manner that is contrary to the initial benefit determination?