Legal Question in Family Law in Indiana
I recently divorced from my Husband. While we were married, he was on active duty orders with the National Guard, and had surgery for herniated discs. Because of this surgery, he was awaiting a medical discharge, and was also trying to receive Incapacitation pay. When we seperated, I spoke to a JAG officer who told me that if he were to be approved for Incap pay, and the amount included BAH with dependents, I would be owed a partial amount (roughly a little over $600) per month for every month he received it, until the divorce was finalized. I kept asking my ex if he had heard any news on the Incap, and he kept telling me no. I asked him to add a clause in the divorce papers that stated that if he were to get Incap, that he would pay me the portion I was due until the divorce was finalized, as backpay, and he threw a major fit and told me that he would fight it, and I would have to get a lawyer (knowing that I did not have the money to afford a lawyer). When I received divorce papers, I noticed that he added a clause that stated that I would not be allowed to sue him for any money that I felt was owed to me for any reason, after the divorce was final. Yesterday, a week after our divorce was finalized, I found out that he was approved for Incap back in February, and he received a very large lump sum at that time, and has been receiving it monthly since then, including BAH with dependent pay. Now our divorce is final, but he went into our divorce "contract" with dirty hands by intentionally defrauding me by telling me that he hadn't gotten this money. Do I have any recourse to recoup this money? I am owed 8 months of this pay to help my children and I survive, which comes out to right at $5000!
1 Answer from Attorneys
Based on the information provided, I think that you will have a difficult time setting aside the divorce. You were aware that this claim was pending or of the possibility of the claim when you signed the documents.