Legal Question in Family Law in Virginia

military retirement

My ex wife lives in VA and was awarded 50% of my military retirement in the divorce. She gets her portion directly. There was a screw up with the pay in August and neither of us was paid. She went to court in VA, without my knowing, and was awarded spousal support in the same amount as the retirement. I did not do anything wrong. Why am I the one being punished? And does the spousal support take the place of the retirement that she's already getting in the divorce decree? What can I do to fight this without having to go to VA? I would like to handle this in GA since I have made many trips to VA for false accusations by her that have been dismissed. Please give me some sound advice because I am totally lost and disappointed that the judge would or could do this when I am not the one at fault.


Asked on 9/11/05, 9:47 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: military retirement

Apparently, your former wife did not waive her right to pursue spousal support in the divorce otherwise the court would not have awarded it.

The attorney who represented you in the divorce matter(assuming that you had one)should have made it crystal clear in the property settlement agreement that the 50 % pension allotment would be all of the support that your ex was entitled to and that she would forever waive her right to pursue additional spousal support.

I see no way of your now being able to challenge this adverse court ruling from Alabama unless the Virginia court simply made a mistake and somehow was not aware of the fact your former wife was not entitled to additional spousal support under the terms of the divorce decree and therefore simply needs to be notified of this fact with a request that a hearing be scheduled(if necessary)to rectify the mistake.

However, if there was no mistake and the alimony award is to stand, in order to challenge it you will have to return to Virginia and engage the services of Virginia counsel.

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Answered on 9/11/05, 12:29 pm


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