Legal Question in Family Law in Texas
My friend divorced her husband 15 years or more ago. In the divorce decree it said she would get 15% of his retirement when he retired from the Army. He quit the Army several years ago, and enlisted in the Air Force and retired last year. She has not received child support for his 2 children and now that the children are in college, she is really struggling to make ends meet. She is wondering if her portion of his retirement benefits will come via the Government or Armed Services, and how she can check to shee if he is living up to this agreement. They do not have contact and she believes he has retired as he no longer lives on base. She wnats to know who she would contact.
1 Answer from Attorneys
Based on what you have written and what is specifically stated within the divorce decree, it appears that your friend may be entitled to receive the 15% of the military retirement. There are specific rules and regulations governing military retirement accounts. Additionally, if child support was ordered and the father has not been paying in accordance with the divorce decree, your friend may want to consider pursing that action under a motion to enforce. Your friend should consider having a local law firm assist her with this process, as there are many procedures which have to be followed to obtain what she is seeking.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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