Legal Question in Family Law in New Mexico

I retired from the Army 31 July 90, on 3 Aug 90, a California judge granted my ex 50% of my retirement, 200 spousal support, and 200 for each of my boys (2) and I was not even notified I was even being divorced. I left for a few months to visit a friend in Florida, but had continued to send 400 a month home as I had since 1981, a military thing. When I got back to California in late Oct/Nov, my ex handed me divorce papers telling me the marriage was over. After looking the papers over, I told her that my retirement was only 840.00 per month and I would give her 400 a month for the boys. Nothing was said after that. I left Calif. in Oct 96 and moved to NM. In 2004. I remarried which did'nt make my ex too happy and I also was deemed 100% disabled. In 2006, I recieved papers saying my ex wants 50% of my retirement, but I don't recieve retirement anymore, just disability. Now the case is in NM and they say that since it's been domesticated that I have to pay something. In Calif. the judge said yes he owes you, but his money is protected by federal law, you figure out how to collect. So NM picks up the case and is ignoring federal law and telling me that I have to pay, and both judges admitted being ignorant of military law even though we show them the law. Ref: Title 38 5301.


Asked on 8/25/10, 4:49 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

The law on the division of military retirement benefits is straightforward but not widely known. You need to consult with a lawyer who understands these benefits. There is federal law that governs it but it relies on state courts to provide the orders on how it is divided. There are a lot of issues buried in your brief description and you leave out a lot of stuff that you should give to a lawyer in a face-to-face interview. Don't blow it off or try to deal with it yourself, go see a divorce lawyer.

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Answered on 8/30/10, 8:54 pm


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