Legal Question in Family Law in Maryland

Re: Ex-wife After Military Retirement Pay

We may able to assist you in this very unfortunate legal matter. However, we would need more detailed facts first. Call us directly hereafter for a free consultation.

Re: Ex-wife After Military Retirement Pay

You need to retain an attorney to modify the child support. There may be little that you can do on the retirement, but it should be investigated. Also, he has an interest in her retirement that he should get a court order to obtain. Get an attorney. Good Luck, Pat McCrary

Re: Ex-wife After Military Retirement Pay

I assume that when you refer to him as your "former military husband", he's now your husband and retired from the military. I also assume that since you indicated that the problem deals with MD law, the ex/mother and child live here and that the child support award was issued in MD.

First of all, it would have been illegal for a court to issue rulings concerning the child (custody, support) without proof that your husband had been properly served with court papers. Usually in a military situation, there are procedures in place to have court papers delivered to the military personnel involved. At that point, he would have had an opportunity to participate in the case, or possibly to have it postponed while he was available due to his overseas assignment (child support would have been put in place with an allotment).

If you think you have grounds to get a reduction in child support, you have to file a petition for modification here in MD (assuming that there are still MD contacts as stated above). If your husband is being improperly denied visitation rights, he can include that issue in his petition. Often a warning letter from an attorney regarding denied visitation can rectify that situation, unless there are extenuating circumstances.

Child support is always subject to modification if a significant change in circumstances from the time the original amount was determined can be demonstrated. Examples of this would be changes in the income of either parent.

With respect to the retirement benefits issue, these are legally marital property and therefore subject to division between divorcing parties. The amount the spouse receives is based upon a number of factors, perhaps the most important of which is the duration of the marriage and what portion of the retirement benefits were accrued during the marriage. Since your husband was in the military for a significant period of time before he and his ex married, there is no way she should have received half of his benefits if this issue had been contested in court during the divorce proceedings. In addition, he would have been entitled to a portion of her retirement when she retires, or one could have been set off against the other.

Re: Ex-wife After Military Retirement Pay

These agreements can always be modified if new circumstances arise. Take advantage of LawGuru and call the attorneys who will always be glad to answer one quick question. Then you will know how to proceed.