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Military spouse retirement arrears

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blueskys

Junior Member
What is the name of your state (only U.S. law)? Idaho
Hi all, brand spanking new here. Have some questions and meybe an answer or two.
first let me tell you of my almost 10 year struggle. My ex husband was a military member. He left me with not only the child we had but 2 from a his previous marriage when he went overseas. He found new love and all through the divorce he fought for everything he could get except the children. He even left me with the two from his previos marriage. He wanted to make sure he got part of my postal retirement so he made sure both his military and my postal retirements were split in the divorce decree. He then hid out and fought to prevent me from recieving my part of his retirement. He being overseas he can hide from our court system as me being here cannot. After many long years of court battles I won my share of the military retirement through garnishment through DFAS. Now several years and more court issues I have been awarded by the courts over 40,000.00 in back pay. In contacting DFAS they have told me the only way to collect this debt is to modify the divorce decree and have my percentage moved up to 50% of his disposable pay untill the areares are paid and then move it back to the original percentage. The military has many rules that apply to what must be included in the court order. The lady at DFAS has informed me this is the only way to garnish or collect this debt. Is this true? And if so what other "deal makers" are there that they may not be informing me of. Thank you in advance for you help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Yes, it is true. Military retired pay can be garnished for child support arrears, but not arrears of alimony or property division. For more information, google DODFMR Volume 7B.
 

blueskys

Junior Member
thank you

Thank you IrishLady47, I will be contacting an attorney Monday to see what I can do about an admendment to the decree.
And as far as the children go Proserpina, Yes the mother is still alive, No I do not have custody but neither parent wants them and I have been advised by an attorney that if I try to get any support I will have to give the children up to be wards of the state. I will not do that to them as they have already been abondoned by thier natural parents. Everyone in our community treats them as mine and as long as there is no problems I will continue to be Mom to them. Although there has been a child abandanment charge filed againt the father who had custody and will be enforced by the state should he return here, they will not go after him outside the state. Thank you both for your imput, this site has been very helpful.
 

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