Legal Question in Family Law in Florida
I was divorced in 1996 in Broward County Florida, I now reside in Maryland my ex is in North Carolina. The divorce aggreement states upon his 60 th. birthday he will pay me half of his military retirement pay in monthly installments. Five months after our divorce he transfered his military retirement to his Civil Service retirement, He just informed me of this 4 days ago. Do I have any legal recourse to order him to still pay me what is owed even though he transfered his retirement.
Your advice will be greatly appreciated
Thank You Elizabeth Waldroup
1 Answer from Attorneys
Has he turned 60? The ball was on his court to do what he was supposed to do at 60. Technically he intermingled the funds however you are still entitled to your share of his military retirement, which needs to be determined by an actuary what your actual numbers would have been had he not mingled the funds. If he's turned 60 and he has not complied, you should file a Motion for Contempt, which would be proper in Broward since that was where the divorce took place. You would have to serve him personally though a process server.
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