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IN RE MARRIAGE OF STANTON

No. D056713.

190 Cal.App.4th 547 (2010)

118 Cal. Rptr. 3d 249

In re the Marriage of SOLOMAN ROBERT and CAROL ADRIANNE STANTON. SOLOMAN ROBERT STANTON, Appellant, v. CAROL ADRIANNE STANTON, Respondent; SAN DIEGO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Respondent.

Court of Appeals of California, Fourth District, Division One.

November 24, 2010.

Attorney(s) appearing for the Case

Soloman Robert Stanton , in pro. per., for Appellant Soloman Robert Stanton.

Law Offices of Andy Cook and Andy Cook for Respondent Carol Adrianne Stanton.

Edmund G. Brown, Jr. , Attorney General, Douglas M. Press , Assistant Attorney General, Paul Reynaga and Mary Dahlberg , Deputy Attorneys General, for Respondent San Diego County Department of Child Support Services.

OPINION

McCONNELL, P. J.—

An issue of first impression in California is raised in this dissolution action: Does the federal preemption doctrine prohibit the inclusion of military allowances for housing and food in a party's gross income for purposes of calculating child and spousal support, since under federal law such allowances are not taxable or subject to wage garnishment? We conclude the doctrine is inapplicable, as under United...

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