Why does an ex spouse get part of retired military member's retired pay? I know it is in my decree. The army pressured me into

Asked about 2 years ago - Oscoda, MI

divorcing by Oct 1, 1998 or I would have to pay dependent pay for 2 kids yet 1 lived with me. My attorney said I cud challenge this if my ex applied for my pay. Now she has and he wont answer my calls. I called another attorney and he said he could not help. The laws need to change. They were made at a time when women were unlikely in the work force. My ex had an affair with 16 y.o, the PD di nothing, nor did CPS, she had at least 2 more affairs. She attempeted suicide, she bounced checks.
So why did my attorney lie, he did not represent me honestly and the army sided with my wife/ex wife, why?
This isn't fair and she should not be awarded money for bad behavior, illegal acts, etc.
Why can't i contest this, modify my decree? It was forced upon me.

Attorney answers (4)

  1. Henry S. Gornbein

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . Hi, From your question is seems that you were divorced almost 12 years ago. The key is the language in your divorce decree. Twelve years later there is probably nothing that you can do about it. You should have acted almost immediately after your divorce became final. Good luck to you. I am sorry that there is not more that you can do.

    Henry Gornbein

  2. Peter L. Conway

    Contributor Level 17

    6

    Lawyers agree

    Answered . You COULD consult with a lawyer in the state where your divorce was granted, but it is unlikely that anything can be done at this late date. Your posting suggests a recent change in what your ex is getting so that may make an opportunity.

    I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    7

    Lawyers agree

    Answered . Your post is jumbled and confusing to read. The-the only thing I can make sense of if 14 years ago you divorced, now you claim that divorce was against your will and it was the Army that forced the event. You do not describe how or why the Army forced you to sign. You do not tell us what state you were divorced in (divorces are state actions and each state has different divorce laws). You claim your attorney lied and ask us why--but you give no facts about the lie for us to analyze, you claim the decree was forced on you, but give no facts about how you were coerced into agreeing and you don't describe why you have waited 14 years to challenge the matter.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. Scott Allen Scholl

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The Army would not be able to do anything about "taking her side" and granting her a part of your military retirement. Retirement is a property right that the law recognizes as being divisible at the time of divorce (though states will vary on how they go about this, or when it becomes divisible). It is not usually based upon financial need such as the wife being able to work and support herself (that is an alimony issue).

    There may have been facts in your case that made it unfair to divide the retirement, but the time to address that would have been at the time of the divorce.

    If an attorney looks at your case they MIGHT be able to find something to have the decree declared void, but that would be a long shot and I didn't see anything in your post that indicates to me that you would be able to --- but you could always have an attorney from the state that granted the divorce look into more closely for you.

    This response is for information purposes only, it does not create any attorney-client relationship.... more

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