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  #1  
Old 10-30-2008, 07:31 PM
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Join Date: Oct 2008
Location: Texas
Posts: 1
Question

Ex-wife gets 100% of my medical retirement pay


Howdy from Texas.

Very early in my marriage, I served nine years in the Air Force and was medically retired. I have been drawing retirement pay ever since.

After 25 years of marriage (nine of which overlap my military service), I had enough and filed for divorce. She demanded and was awarded 100% of my medical retirement check. Since she didn't meet the rules, the check comes to me and I have to pay her.

I was also ordered to name her as beneficiary under the Survivor Benefit Plan and further ordered NOT to alter or withdraw that designation during my LIFETIME.

That was ten years ago. She has since remarried and so have I.

I'm looking for any way to 1) keep my medical retirement payments and 2) name my new wife as beneficiary.

Ideas, anyone?
What is the name of your state (only U.S. law)?
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  #2  
Old 11-15-2008, 01:58 AM
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Join Date: Nov 2008
Posts: 9

Remarried


It is my understanding that if this was done by a civil court, and if she has in fact remarried
then she is no longer entitled to the survivor benifits, nor is she entitled to your pay.

You must go back to court and present this to a judge and have him sign off on it.

Since it has been 10 years there would be no way in hell that any judge would let this go on for any longer than it already has.

I would personally like to take the Lawyer that you had out for a meeting with a couple of 2x4s and maybe some wild dogs.

you got screwed man!!!!!!!!
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  #3  
Old 11-15-2008, 02:03 AM
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Join Date: Nov 2008
Posts: 9

Texas Civil Courts Proceedings


Any time that a person remarries then any type of support, alimony or Spousal Support then becomes null and void at the time of the union between the recipient of such support.

A person who I would contact if you are the Fort Worth Area is named Pat White.

You need to get back into court immediately and get that taken care of.

Also further stated, you were medically disabled and retired. A spouse is only entitled to a total of 50% of your retirement pay if you are married for 9 years or more while in military service of your country and while on active duty during the total of those 9 years.

Now since you were medically retired you did not get your blue card, instead you were placed on the disabled list. That is your money and she had no right to it in the first place because it would be the same as a person getting Social Security Disability pay garnished for spousal support after they are divorced, the amount is not enough to support yourself let alone share it with anyone else.

So with that being said, GET A REAL LAWYER.
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