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Bad faith

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mad in ga

Junior Member
What is the name of your state (only U.S. law)? Ga
I recently divorced in Ga, as a retired military member, She held out for half of retainer pay under USFSPA. I agreed to child support based of 50hrs weekly which I generally get. Anyway, we separated in Nov. Last week while looking at my bank statements I found several times where she used my debit card with outh my knowlege or permission. when confronted about it, her response was that she told the merchant to remove my card information from her account to which my response was they should have necer had it. Her come back is that she was entitled to because we were still legally married. I claim BS that GA is not community property and that by that time I had moved out of the marital home anyway. I have used this knowlege to try to force her to renegotiate our divorce settlement (BTW I have not paid her part of retainer yet because as I understand, she will not receive any retro from DFAS cleveland once the garnishment starts and I'm not required to do so either)
Legal question, Did she commit bad faith? Am I required to pay portion of retirement until garnishment starts? Do I have a civil/criminal case of credit card fraud?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ga
I recently divorced in Ga, as a retired military member, She held out for half of retainer pay under USFSPA. I agreed to child support based of 50hrs weekly which I generally get. Anyway, we separated in Nov. Last week while looking at my bank statements I found several times where she used my debit card with outh my knowlege or permission. when confronted about it, her response was that she told the merchant to remove my card information from her account to which my response was they should have necer had it. Her come back is that she was entitled to because we were still legally married. I claim BS that GA is not community property and that by that time I had moved out of the marital home anyway. I have used this knowlege to try to force her to renegotiate our divorce settlement (BTW I have not paid her part of retainer yet because as I understand, she will not receive any retro from DFAS cleveland once the garnishment starts and I'm not required to do so either)
Legal question, Did she commit bad faith? Am I required to pay portion of retirement until garnishment starts? Do I have a civil/criminal case of credit card fraud?
You would have a very hard time convincing a DA to prosecute her for using your debit card while you were still married, even if you had moved out.

If your divorce is already final, you are stuck with the terms of the property settlement and will be in contempt of court if you do not honor them.

It takes some major non-disclosure of assets or debts to re-open a property settlement.
 

mad in ga

Junior Member
As far as the retirement money goes, per the Defense Finance and accounting website on USFSPA 50percent divisions are garnished from members retirement account. It generally takes 60-90 days for the garnishment to start and former spouses will not be payed back pay. The decree says nothing about Me personally paying the money, it just says IAW the cited law. I have asked the people at DFAS about this and they assured me that this was the case. Additionally, I don't personally believe she will see any of the money for a while any way as she has 13k plus in defaulted student loans. (PITA to file injured spouse every year on taxes because the Govt. collected my income tax refund)
 

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