please can someone help me.Ex military spouse

[djt433]

What is the name of your state (only U.S. law)?
Illinois
I have been served court papers under the Illinois law 750ILCS5/510(s)

I am an ex military spouse of 22 years. My ex husband was in the navy for 20 of those years.

I recieve half of his retirement. I was awarded this in our divorce. I am told that it is marital property.

I have court on july 29th he is trying to terminate this. I remarried 2 years ago.

What rights do I have if any?

 

[Zigner]

What is the name of your state (only U.S. law)?
Illinois
I have been served court papers under the Illinois law 750ILCS5/510(s)

I am an ex military spouse of 22 years. My ex husband was in the navy for 20 of those years.

I recieve half of his retirement. I was awarded this in our divorce. I am told that it is marital property.

I have court on july 29th he is trying to terminate this. I remarried 2 years ago.

What rights do I have if any?

It depends on the terms of your divorce and settlement. You may wish to review this matter with a local attorney.

 

[djt433]

Thank you

It depends on the terms of your divorce and settlement. You may wish to review this matter with a local attorney.

my divorce decree just says that I am awarded half of his military retirement it has no stipulations as getting remarried or not. Thank you and I have calls to a couple just waiting to hear back.

 

[LdiJ]

my divorce decree just says that I am awarded half of his military retirement it has no stipulations as getting remarried or not. Thank you and I have calls to a couple just waiting to hear back.

That was a property settlement issue not an alimony or spousal support issue. I cannot see him being successful in terminating it. Are you being paid your share directly from DFAS?

 

[latigo]

What is the name of your state (only U.S. law)?
Illinois
I have been served court papers under the Illinois law 750ILCS5/510(s)

I am an ex military spouse of 22 years. My ex husband was in the navy for 20 of those years.

I recieve half of his retirement. I was awarded this in our divorce. I am told that it is marital property.

I have court on july 29th he is trying to terminate this. I remarried 2 years ago.

What rights do I have if any?

Obviously you need to consult with your attorney.

Just curious, but what grounds has he dreamed upon entitling him to have the distribution of marital property modified? Is he so enfeebled as to believe the division of the retirement is to be treated the same as alimony?!

What about the other items awarded to you? Does he think that now that you have remarried he is entitled to those too?

Anyway, you be sure to hire an attorney, like yesterday. Why? Because there is an age old maxim in this legal business which is:

"You prepare for trial on the strength of your case. Never on the weakness of the opponent's case".

(Lawyers who ignore it soon end up finding honest work.)

__________________________


ALSO, be sure to talk to your attorney about Illinois Supreme Court Rule 137 and filing a counter motion under that Rule. Meaning asking the court to impose sanctions against the ex and his attorney for filing a frivolous motion and that they be ordered to pay your attorney fees.

 

[djt433]

yes direct deposit

That was a property settlement issue not an alimony or spousal support issue. I cannot see him being successful in terminating it. Are you being paid your share directly from DFAS?

yes the money goes directly into my bank account from dfas

 

[Bali Hai]

What is the name of your state (only U.S. law)?
Illinois
I have been served court papers under the Illinois law 750ILCS5/510(s)

I am an ex military spouse of 22 years. My ex husband was in the navy for 20 of those years.

I recieve half of his retirement. I was awarded this in our divorce. I am told that it is marital property.

I have court on july 29th he is trying to terminate this. I remarried 2 years ago.

What rights do I have if any?

Are you sure it's the retirement he is trying to terminate? Why did you select "alimony and spousal support" to present your issue?

 

[djt433]

yes

Are you sure it's the retirement he is trying to terminate? Why did you select "alimony and spousal support" to present your issue?

it is stated in my divorce decree that i am to receive half of his retirement and the way it was worded was it was for spousal maint. DFAS has an application to fill out and that is how it is to be worded. I researched and found that in the state of illinois that retirement pension is considered marital property if retirement took place and the money was being collected before the start of the divorce and it was. Im looking for an attorney as my attorney has retired. Any feed back is helpful.

He retired in o2 and our divorce was final in 03

 

[Silverplum]

it is stated in my divorce decree that i am to receive half of his retirement and the way it was worded was it was for spousal maint. DFAS has an application to fill out and that is how it is to be worded. I researched and found that in the state of illinois that retirement pension is considered marital property if retirement took place and the money was being collected before the start of the divorce and it was. Im looking for an attorney as my attorney has retired. Any feed back is helpful.

He retired in o2 and our divorce was final in 03

Please post that section, word-for-word.

 

[djt433]

usfspa

How credible is the USFSPA...Uniformed Services Former Spouses Protection Act.

I found there that it is stated unless there is a state court order agreement indicating entitlement will end upon marriage than the former spouse wills till receive if remarries.

In the divorce decree it states specifically word for word

"Counter Respondent shall pay one half of his military pension each month to Counter-Petitioner in spousal maintenance."

Going to see a local attorney to see what he says. just wondering if anyone has had to go thru this before and what the outcome was.

 

[LdiJ]

How credible is the USFSPA...Uniformed Services Former Spouses Protection Act.

I found there that it is stated unless there is a state court order agreement indicating entitlement will end upon marriage than the former spouse wills till receive if remarries.

In the divorce decree it states specifically word for word

"Counter Respondent shall pay one half of his military pension each month to Counter-Petitioner in spousal maintenance."

Going to see a local attorney to see what he says. just wondering if anyone has had to go thru this before and what the outcome was.

Normally a military pension is marital property and is divided as marital property. Its normally not "spousal maintenance" its a property division. If your divorce decree specifically calls it spousal maintenance then it gets more complicated and you really NEED an attorney.

 

[Doreen]

...In the divorce decree it states specifically word for word

"Counter Respondent shall pay one half of his military pension each month to Counter-Petitioner in spousal maintenance."

Going to see a local attorney to see what he says. just wondering if anyone has had to go thru this before and what the outcome was.

There are issues with the wording of your order, and your ex's attorney is likely targeting that. You should take this seriously and talk to more than one attorney.

 

[Silverplum]

How credible is the USFSPA...Uniformed Services Former Spouses Protection Act.

I found there that it is stated unless there is a state court order agreement indicating entitlement will end upon marriage than the former spouse wills till receive if remarries.

In the divorce decree it states specifically word for word

"Counter Respondent shall pay one half of his military pension each month to Counter-Petitioner in spousal maintenance."

Going to see a local attorney to see what he says. just wondering if anyone has had to go thru this before and what the outcome was.

Thanks for giving the wording.

I don't see what you see about alimony modification in the USFSPA, which is as credible as it gets: http://m.military.com/benefits/military-legal-matters/uniformed-services-former-spouse-protection-overview.html

 

[djt433]

Thank you

There are issues with the wording of your order, and your ex's attorney is likely targeting that. You should take this seriously and talk to more than one attorney.

Thank you and I will be doing just that.