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Sm claims or contempt for non paymnt back owed mil retire

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racingd

Junior Member
What is the name of your state (only U.S. law)? Georgia and I was married for 28yrs.

I do believe I have a case against my ex for either sm claims or contempt? I would appreciate a bit of help.

My ex is mil retired and I was awarded 45% of the mil retire. I am disabled and have not worked in 15 yrs-I do recieved disablity. We went to court May 07, this was ordered then. Offically I needed the court docs to get it started thru DFACS. I was really in need of something financial since he stopped paying on the hse and it was foreclosed and I had to be out of the home and it ruined both of our credits. He agreed to the follwing split the mil retir money for right now. Our credit union had him sign 2 allotment forms in Nov 06 to divide what he gets from DFACS, to go in my acct beg Nov 06. I was going to get a portion of the mil ret.(anyway it was just a matter of time per community property). Oh, I had him sign 2 because in Jan 07 a cost of living was going to take place. And so we would not have to see each other, the other form was to be used after the COLA increaase took place. It first began in Nov 06 and then he stopped it in 2 Jan 07 and had it ALL reversed back into his account. He was an As*...

As I stated above we went to court May 07 and I still have the 2nd form in hand and I never turned in the 2nd form so I turned it in that day of court in May 07,so it could be re-started--then he stopped it again July 07 and had all the money reversed. He stated he did not sign the forms and he never agreed to it. The 1st time he spoke w/a teller (that we both knew) so she knew that I was coming in with the forms that he signed back in Nov 06.

He stopped it and he said in July 07 'I'll restart it if I sign the Divorce papers now and get it over with!!!' I did not have any control over when the docs got sent in to the judge, via my atty. He got them sent in Nov 07. He owes me back from May 07 when the Judge ordered it until Dec 07. It was started in Jan 08. Is this considered contempt or is this a small claims matter?

thanxs
 
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racingd

Junior Member
No this is a different ...

question I have 2.

I wanted to give as much info,but as little info so it would be read. It is 2 different issues even though it deals with the same divorce.

This one is reference to going after him for the back mil retire money.
And the other is about the Motion for Reconsideration.

So how is this a double post? Also no one has answered either of them except that you have put down here that it has been double posted. If it has been asnwered somewhere else can you direct me to that other question's answer?

I have posted only on here with a landland/tenant question due to him putting the hse into foreclosure and I had to move-now an issue with getting Sec Dep back. As I have found this site pretty informative and atleast someone is willing to try to answer a question for us.

So for that I thank you.

After you said that it was a double post-I thought wait I answered a previous thread about a mil retire ? Dealing w/DFACS so I went back to it and I saw that you had indeed answered by saying that it is considered CONTEMPT. Since I was told I could go after him either way(sm claims or contempt w/atty) and that it might be faster by going at it from the small claims issue as I can do that part myself. But I thank you again for answering someplace anyway. If you get a chance can you check out my other question concerning the MFR? Any advice at this point would be atleast something.
 
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