[DOWNLOAD] "Ex Parte Billy Bruce Burson" by The Supreme Court of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Ex Parte Billy Bruce Burson
- Author : The Supreme Court of Texas
- Release Date : January 22, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is a habeas corpus proceeding. TEX. R. CIV. PRO. 475. Relator, Billy Bruce Burson, brought this original proceeding after the district court held him in contempt and committed him to jail because of his failure to comply with that portion of a 1978 divorce decree which ordered him to pay to his ex-wife, Elizabeth Anne Burson Kasprzyk, $375.00 per month out of his Air Force disability retirement pay. Since the date of his divorce, Burson has waived his Air Force disability retirement pay in exchange for different benefits from the Veterans Administration. Burson argues that the district court cannot order him to pay over to Kasprzyk any portion of the Veterans Administration disability benefits because the supremacy clause of the United States Constitution preempts this area from the purview of state courts. We agree. We, therefore, grant the writ of habeas corpus and order Burson discharged.