Legal Question in Family Law in Florida
Divorced in Michigan and now, both my ex and I live in different states. I was awarded a portion of my ex's military pension. It doesn't fall under the 20/10/10 rule so not automatically paid thru military finance, am dependent upon him to pay directly. As with every other stipulation in the decree, this too he has failed to follow and I have not received any monies since his retirement in 1999. Am confused as to which court has jurisdiction for any filings regarding this matter. Michigan (if so, not sure why as child support office stated that no modifications could be made to support order as neither of us live in state of original order), my state of residence or his? Too, how far back am I able to collect? I didn't pursue earlier because in early discussions with him, he was all talk no action and I had my children to be concerned with so put it on a back burner. Recently I spoke with a friend of mine who is an attorney (not divorce law) and he stated that I let my ex violate every other stipulation in the decree and was stupid to continue to do so and should pursue the matter. Any assistance would be greatly appreciated! Thank you!
1 Answer from Attorneys
Not sure what 20/10/10 is but I do know this. You have an Order from the Court - you may file this with the military department to collect your money. You can file in any state you are a resident of.
This indicates a marriage of at least ten years that overlapped 10 years of active-duty service. The FSPA provides no benefits for divorces obtained prior to satisfying the 10/10 years period.
10/10/rule - For divorces after the 10/10 period is achieved, the non-military spouse may obtain a state-court decree that distributes a portion of the Soldier's military-retirement pay, and file the decree with the Defense Finance and Accounting Center in Cleveland, Ohio to obtain involuntary direct payments on a monthly basis.
secondly you need to file contempt of court charges and have him sanctioned by the court.
Get a lawyer lady. You are going to need one!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
