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Ex-wife might go after my husbands retirement pay

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smerch

Junior Member
What is the name of your state? moving to Texas from Ohio

Does anyone know what the law in Texas is regarding ex-spouses rights to military retirement? During the divorce (6 years ago in Ohio) the ex-wifes lawyer told her she has rights to a % of my husbands retirement (once he hits 20 years) for the time they were married. We are soon moving to Texas and the ex is following us because we have custody of the kids. If the laws in Texas are in our favor we will have the divorce transfered. It would kill my husband if she got any of his retirement considering she pays no child support. Any help would be appriecated, thank you.What is the name of your state?
 
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LdiJ

Senior Member
What is the name of your state? moving to Texas from Ohio

Does anyone know what the law in Texas is regarding ex-spouses rights to military retirement? During the divorce (6 years ago in Ohio) the ex-wifes lawyer told her she has rights to a % of my husbands retirement (once he hits 20 years) for the time they were married. We are soon moving to Texas and the ex is following us because we have custody of the kids. If the laws in Texas are in our favor we will have the divorce transfered. Any help would be appriecated, thank you.What is the name of your state?
What does their divorce decree state regarding the military pension? That is what controls here. It doesn't matter what state you are in or what state laws might apply. If the divorce decree awarded her a percentage of the pension, then she will get that. If the divorce decree did not award her a share of the pension, then she won't..unless she has grounds to re-open the property settlement. (unlikely)
 

nextwife

Senior Member
It would kill my husband if she got any of his retirement considering she pays no child support.


WHY is she not paying CS???? If she is NOT paying, he needs to file contempt. If she has an arrearage, I believe he can have her payment from his pension garnished to pay the arrearage.

If he never got an order, he needs to get one. Even if she is voluntarily unemployed, she should be imputed an income. Having the uterus does NOT exempt a parent from responsibility to support one's kids.
 
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HappyHusband

Senior Member
What is the name of your state? moving to Texas from Ohio

Does anyone know what the law in Texas is regarding ex-spouses rights to military retirement?
1/2 of

# of months married while in retirement plan
----------------------------------------------------- X Value of plan at divorce
# of months employed in plan at date of divorce

Berry v. Berry

But, it doesn't really matter here because the divorce was final in Ohio 6 years ago.
 

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