Legal Question in Family Law in Florida

My ex-husband is recently 'retired' from the military and is on %50 percent disibility & currently has a VA waiver making my income deduction order for child support-null in void according to dfas. In the divorce decree, I am entitled to a portion of his retirement as well as the child support. Both the VA as well as DFAS, say that he is to pay it out of pocket because they are not able to take it out of his paycheck from the VA. He is currently 2 months behind in child support as well as not intending to pay for this next coming month as well. My question is, if we went back to court, would I be able to get any of the amounts owed to me for child support and/or a portion of his retirement-since his retirement is now bundled w/ his VA disibility pay?


Asked on 9/30/09, 2:38 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Though DFAS will not pay from disability, I've never seen them refuse to pay directly from retirement if the judgment is done properly. Maybe your judgment was messed up. Did you submit the judgment and the proper form to DFAS?

Anyway, if you file your motion for contempt, the judge will likely order him to pay (with appropriate consequences--maybe even jail--if he doesn't), but the judge can't order DFAS to pay you directly. Find a good military divorce lawyer in your area (or in Tampa or Jacksonville or near one of the other large bases) and see if there is a way to amend your divorce judgment so that DFAS can accept it.

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Answered on 9/30/09, 11:50 am


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