Legal Question in Family Law in Missouri
Divorce
Per my divorce decree it reads the following;
Husband is currently recieving montly payments in the appx. amount of $1,542.80. Parties agree husband will pay 50% of all sums recieved in the appx. amount of 771.40 directly to wife. Wife hereby waives any rights she has or might have to any other military benefits to which Husband is or might be entitled to recieve in the future not specifically set forth herein. With the exception of the amounts specifically waraded to wife herein, the balance of the husbands military retirement pay or benefit should be swarded to him as his sole and seperate property.
I get pay raises from the military yearly for cost of living. Is my ex-wife entitled to 50% of those raises or does she only continue to get the 771.40?
1 Answer from Attorneys
Re: Divorce
Since it says "all sums" and calls the $771.40 an approximate amount, I would say that she's entitled to half of your COLA each year. This is obviously subject to interpretation as the paragraph does not specifically say that. Consult the lawyer who handled your divorce or better yet, figure out what it will cost you if your wife takes you back into court for not paying her the COLA and then make your decision.
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