Legal Question in Appeals and Writs in Washington

State Superior Court Appeal

Retired from military in May 1997. Given standard out-processing physical.

Divorced in July 1997 after 23 yrs marriage. Ex was awarded 46% of dispoable retired pay.

Ex knew I would be determined disabled and that the waiver would reduce dispoable retired pay, but wanted cost of living increases, so an indemnification provision was included in the final decree of divorce. Judge in divorce said I needed to pay her the difference if disposable retired pay was reduced. Ex signed DFAS form after divorce agreeing to 46% of disposable retired pay.

Disability waiver took effect months later. Ex took me back to state superior court to pursue 46% of disability pay in addition to the 46% of dispoable pay she was alrady getting. Judge awarded her the money based on the intent of the divorce judge and the ''law of the case''. This is a violation of 10 USC 1406 and 1408. I tried to appeal, but my lawyer filed the appeal 1 day late and filed it incorrectly. Now, I am told I have no recourse to appeal this decision. Ex has been awarded nearly $30,000 from the sale of property I received in divorce settlement.

Do I have any recourse to appeal this judgment?

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