No. 25A804

Duane A. Fairfax v. Tracey N. Martinez

Lower Court: Virginia
Docketed: 2026-01-12
Status: Denied
Type: A
Tags: contempt-enforcement federal-preemption spousal-support supremacy-clause va-disability veterans-benefits
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the Supremacy Clause and 38 U.S.C. § 5301(a) prohibit a state court from enforcing spousal support through contempt, garnishment, or equivalent coercive mechanisms when compliance is impossible without surrendering federally protected VA disability compensation.

2. Whether due process permits enforcement measures where the obligor lacks any lawful means of compliance other than the use of federally protected benefits.

Question Presented (AI Summary)

Whether federal law protecting veterans' disability benefits preempts state court enforcement mechanisms that effectively require surrendering those protected benefits to satisfy spousal support obligations

Docket Entries

2026-01-13
Application (25A804) denied by The Chief Justice.
2026-01-02
Application (25A804) for a stay, submitted to The Chief Justice.

Attorneys

Duane Fairfax
Duane A. Fairfax — Petitioner