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Ed/ property division from military divorce, He is oweing back alimony and pensions to me plus distribution award seeking to

Dayton, OH |

Marriage was in OHIO. divorce in NC. home of record is ohio and garnishment forms to pay me directly is in OHIO his employer. he is working still under us army civilian he is over past retirement eligible. I served and worked for military under contract 10 years married 13. my retirement and career were messed with so judge told him he is to pay me directly until DFAS commences and DFAS was sent wage and withholding forms and still owes. $3600 and also 7 months pension. I am receiving little alimony. seeking to file in OHIO since we are no longer stationed in NC and he is not in this country to his ohio employer for my money owed. contempt . all I need is phone call to dfas , letter and also to his commander.

Attorney Answers 3


  1. I'm not sure by your post what your question is.

    However, if the divorce decree was based upon the judge's findings as to fact and law you will likely need to go back to the same Court in North Carolina to pursue a contempt action against your ex-husband.

    If the retirement provisions were based on a contractual settlement between you and your ex-husband you may be able to enforce it through a breach of contract action in Ohio, but you should check with an attorney in Ohio to ensure that Ohio law allows for personal jurisdiction over your ex-husband in this situation.

    This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation. www.TheSchollLawFirm.com


  2. Your best bet is to consult an experienced family law attorney in your local area. Good luck.


  3. There is a lot more information needed. Did your divorce decree incorporate a military pension division order? Was the decree and/or the military pension division order submitted to DFAS with a DD Form 2293? Were you and your ex-husband married to each other for at least ten years during his creditable military service? Has DFAS ruled on your application? An Ohio attorney like myself can review the portion of your decree that gives you a share of your ex-husband's military pension and determine whether or not the requirements are met for DFAS to pay your share directly. If not, you may need to go back to the court in North Carolina to seek a clarifying order and, perhaps, pursue a contempt action. Since you are not in Ohio, you may want an Ohio attorney to review your situation to see if you can enforce the alimony obligation in Ohio under the Uniform Interstate Family Support Act..

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