What is the name of your state? California
I was divorced in Missouri in 12/2003. She moved to Tennessee in 01/2004 where she currently lives. I moved to California in 10/2005. Out divorced was uncontested with me filing and she agreeing.
I served 20 years in the U.S. Army in 05/2004 and retired with a pension (half of my base pay at the time of retirement). As part of our divorce she recieved 42% of my retirement pay. I recieve the full amount and send her a check for her percentage every month. Because I still have a minor child with her (he is 15) and I want to make visitation as seemless as possible I am always on time with the check.
I want her to submit garnishment paperwork so that I don't have to keep sending a check. In the end it will be easier when it comes to tax prep and honestly, I just get sick and tired of sending her the check every month (long story short: she is a cheater and treated me badly, and made my time in the military hell). I tried once to get her to put in the paperwork and even went so far as to get her certified copies of our marriage certificate and divorce decree as well as the form itself (I even provided a stamped, pre-addressed envelope for her to send it in) but she never submitted it.
In my decree it does not address how she is to be paid this money. It states "that Respondent receive 42% of Petitioner's military retirement through the Department of the United States Army". I don't have any official stats, but my antecdotal evidence suggests that most former military spouses recive their percentage via garnsihment.
I am considering after my son is 18, and I don't have to deal with her as far as visitation goes, to force her hand by simply stopping sending her monthly checks.
What, if any, repercussions could I face?
I was divorced in Missouri in 12/2003. She moved to Tennessee in 01/2004 where she currently lives. I moved to California in 10/2005. Out divorced was uncontested with me filing and she agreeing.
I served 20 years in the U.S. Army in 05/2004 and retired with a pension (half of my base pay at the time of retirement). As part of our divorce she recieved 42% of my retirement pay. I recieve the full amount and send her a check for her percentage every month. Because I still have a minor child with her (he is 15) and I want to make visitation as seemless as possible I am always on time with the check.
I want her to submit garnishment paperwork so that I don't have to keep sending a check. In the end it will be easier when it comes to tax prep and honestly, I just get sick and tired of sending her the check every month (long story short: she is a cheater and treated me badly, and made my time in the military hell). I tried once to get her to put in the paperwork and even went so far as to get her certified copies of our marriage certificate and divorce decree as well as the form itself (I even provided a stamped, pre-addressed envelope for her to send it in) but she never submitted it.
In my decree it does not address how she is to be paid this money. It states "that Respondent receive 42% of Petitioner's military retirement through the Department of the United States Army". I don't have any official stats, but my antecdotal evidence suggests that most former military spouses recive their percentage via garnsihment.
I am considering after my son is 18, and I don't have to deal with her as far as visitation goes, to force her hand by simply stopping sending her monthly checks.
What, if any, repercussions could I face?