Legal Question in Family Law in Virginia
I was divorced in 2010 from my ex that was in the military for 20 years..i was married to him for 27 years..i was suppose to get half of his retirement but he stopped sending it to me ..there wasnt anything in our divorce decree stating that i was suppose to get half of the retirement. it was a agreement between us so we could get the divorce done cheaper..is there anything i can do about this...he was sending me 650.00 at one time and then it went down to 350.00 and now he is sending me nothing..i was suppose to get 854.00 a month..the divorce was done in north carolina but now i live in virginia and so does he...what can i do about this..
thank you, marcia monds
1 Answer from Attorneys
Huge mistake, not to have addressed the issue of spousal support in
your final decree of divorce so, apparently, you "could get the divorce
done cheaper". Cheaper doesn't always mean less expensive in the
long run as painfully illustrated by your case.
You could, however, still write to DFAS (Defense Finance Accounting System)
explaining that you were married to this 20 year military retiree for 27
years and that there was an agreement between the two of you that you
would receive at least $854.00 per month from his retirement pay each and every
month as your share of his retirement pay and that you now want DFAS to take
from this retirement and send to you whatever the appropriate amount may now be under DFAS rules because this retiree has now refused to honor the agreement and is no longer sending you anything at all.