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05-15-2007, 11:35 AM
| | Junior Member | | Join Date: May 2007
Posts: 6
| |  Retirement pay
What is the name of your state? Virginia
I am retired from the military and my ex-wife is entitled to 28% of my retirement. Her lawyer is requesting that she keeps the 28% of my retirement even if she remarried. Why should I pay to support her and her husband if she remarried? I can not afford a lawyer, is there any laws to help me contest this? |
05-15-2007, 11:50 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote:
Originally Posted by deepcell  What is the name of your state? Virginia
I am retired from the military and my ex-wife is entitled to 28% of my retirement. Her lawyer is requesting that she keeps the 28% of my retirement even if she remarried. Why should I pay to support her and her husband if she remarried? I can not afford a lawyer, is there any laws to help me contest this? | Because she is entitled to her portion of your retirement by law, just as you are entitled to your portion of hers.
Are you paying her alimony? |
05-15-2007, 12:04 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 19,148
| | | If she is receiving her marital accrual of your retirement funds, then that is a property settlement, and has nothing to do with her remarriage. As Bali correctly stated, you each are entitled to your respective shares of marital assets and debts. And monies accrued during the marriage into your retirements accounts is a marital asset.
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05-15-2007, 12:45 PM
| | Junior Member | | Join Date: May 2007
Posts: 6
| | | Yes, I pay her alimony and child support. I'm pissed because, I joined the military before I met her. When I married her she was divorced from a ten year marriage with three children and he gave her nothing. I took care of her and her children and together we had twins. I've taken damn good care of them and now I want to live my life but I don't want to work to support her for the rest of her life. It's not my fault that she didn't get an education and I did. There has to be something that I can do to stop her from getting my retirement if she remarry. She didn't serve not once in the military, it's not hers and the law is basically screwed up. |
05-15-2007, 12:49 PM
| | Junior Member | | Join Date: May 2007
Posts: 6
| | I should be entitled to a portion of her retirement but that's not in the divorce decree. The system is set to screw over good men.  |
05-15-2007, 12:51 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,041
| | Quote:
Originally Posted by deepcell I should be entitled to a portion of her retirement but that's not in the divorce decree. The system is set to screw over good men. | So, who screwed you over in the divorce decree? Your lawyer?
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05-15-2007, 12:51 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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Originally Posted by deepcell I should be entitled to a portion of her retirement but that's not in the divorce decree. The system is set to screw over good men. | Which will cost you more: Hiring a lawyer or paying her the dough?
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05-15-2007, 12:54 PM
| | Junior Member | | Join Date: May 2007
Posts: 6
| | | My ex-wife and her lawyer kept contesting what my lawyer was trying to agree to. It took three years just to get all the inquries done, finally my lawyer stopped praticing private law and I could not afford another lawyer so her lawyer drafted the divorce decree because I'm the one who filed. So basically, I got screwed all around. |
05-15-2007, 12:57 PM
| | Junior Member | | Join Date: May 2007
Posts: 6
| | it's easy to say hiring a lawyer but i'm already maxed out with expenses...i honestly can not afford another attorney....my previous attorney cost me $2500, i don't have anything left. |
05-15-2007, 01:15 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
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Originally Posted by deepcell it's easy to say hiring a lawyer but i'm already maxed out with expenses...i honestly can not afford another attorney....my previous attorney cost me $2500, i don't have anything left. | You're a day late and a dollar short to do anything about this now.
$2500 paid to a divorce attorney is peanuts! |
05-15-2007, 01:29 PM
| | Junior Member | | Join Date: May 2007
Posts: 6
| | thanks for your encouraging words $2500 was the initial payment just to take the case and then my lawyer starting working for the state....I don't know about you but $2500 is a lot of money for me...I'm just a regular guy trying to make a living for myself |
05-16-2007, 09:50 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote:
Originally Posted by deepcell thanks for your encouraging words $2500 was the initial payment just to take the case and then my lawyer starting working for the state....I don't know about you but $2500 is a lot of money for me... I'm just a regular guy trying to make a living for myself:mad: | Most of us are trying to make a living. If it makes you feel any better, I'm also carrying a big leech on my back. |
05-16-2007, 10:56 AM
| | Senior Member | | Join Date: Jan 2003
Posts: 19,148
| | | Look, you were entitled to your marital share of HER retirement, just as she was of yours. If you failed to push for that and make certain you got it, you can't do anything so long after the fact.
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