Legal Question in Family Law in Texas

Re: Can this be overturned.

In MS, retirement should be addressed during the initial divorce decree. It is part of the property settlement. Additionally, new laws have been passed in recent years affecting Armed Forces Retirees' Pensions. Also, if you had retired from the USAF before marrying her, under current MS law she can't touch it, but you didn't divorce in MS so you will have to check the "divorcing" state.

It sounds like you're getting the short end of the stick...which, unfortunately, is par for the course if/when you don't have an attorney handling your family concerns. I don't mean to be brash, but Judges seem to lean toward the side that has an attorney.

Let me know if I may be of more assistance

Jeff Padgett

[email protected]

Re: Can this be overturned.

On 1/25/02 I received your msg posted 1/25/02. This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, it is based on my general experience, and resulting opinions. No attorney-client relationship is formed.

Turning to your question, your matter involves Texas rather than Mississippi law. However, I would expect Texas to also not allow you to reopen the case unless you can prove fraud, misrepresentation or other misconduct by your wife, accident or mistake, newly discovered evidence which by due diligence could not have been discovered earlier, a void judgement, or any other good reason. Generally, this is a difficult hurdle to jump.

On the other hand, if the payments ordered for your wife were not in the nature of a property division, you have a chance of persuading the Court to reduce your burden based on some sort of changed circumstances. However, it probably was a property division so this probably an unlikely option as well.

Regarding the military aspect of your question, some retirees are urging Congress to protect military retirement pay from divorce divisions, and you might want to talk to your Congressman to find out if the proposed legislation will provide some relief. If it doesn't you might suggest your Congressman propose a change that will benefit you.

Finally the most likely option is to negotiate with your ex-wife. You might offer her insurance benefits, property, or a lump sum payment in exchange for an agreed Court Order releasing you from the retirement division. The underlying questions then will be only how much you are willing to pay, how much she demands, and what alternatives to money can you offer your ex-wife will find attractive. Remember, if she is not presently willing to take your offer, she might later change her mind based on a change in her circumstances.