Legal Question in Family Law in Florida
I'm aex spouse of a retired military personnel. Divorce paper stated i'm elgible for a portion of retired benifits. information was sent to the finance office, but was told that i had to go back to court because divorce paper didn't specific exact amount or percentage. went back to court judge state dshe could not grant request because she has no idea of what he's getting as far as pay goes, but to refile when i have information. ex-husband would not cooperate and finance will not rellease information to me. Are there any type of forms that i can fill out to the court to have information release? I'm living only on ss because i am disable, and can't afford lawyer.
2 Answers from Attorneys
Request this information from you ex by way of a request for interrogatories or deposition. If he refuses to answer, seek an order to compel.
If he refuses after the order to compel is issued then he is in contempt of court and can be sanctioned ie fined for your attorney fees if you do get one and possibly spend a night or two in jail. Depends on the judge.
I am surprized at the military on this - if you have a court order that states you are entitled to a portion of the retirement benefits - the portion is based on the service time and the time you were married to him - it can be easily calculated. Take your papers to the adjunct on base and see if they can resolve this. The order is sufficient to get the funds - the calculation can be accomplished without an additional order.
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