Vickie F. (Lout) Hudson v. David P. Lout

This domestic relations action requires us to construe a provision of the parties’ 1993 divorce decree with respect to the division of defendant/Appellant David P. Lout’s (Mr. Lout’s) military retirement pay. The trial court construed the 1993 decree as requiring Mr. Lout to pay to Plaintiff/Appellee Vickie F. Lout Hudson (Ms. Hudson), Mr. Lout’s former wife, an amount equivalent to 28 percent of his military retirement pay. The trial court calculated this amount as onehalf the retirement pay received by Mr. Lout, multiplied by a fraction representing the number of years the parties were married divided by the number of years Mr. Lout served in the military. The trial court also ordered Mr. Lout to pay arrearages and awarded Wife her attorney’s fees as damages predicated on a finding of contempt. Mr. Lout appeals; we affirm the trial court’s construction of  the parties’ 1993 decree of divorce, vacate the finding of contempt and award of attorney’s fees, and remand.