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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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My ex spouse and I divorced in 2010. We were married 35 years.

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My ex spouse and I divorced in 2010. We were married 35 years. Last year I found out that he had affair while we were stationed in Alaska (1978 - 1982). He has a daughter from Alaska. She's around 30 years old. She came to Texas to find him. What happens if he hasn't paid child support? Can I bring him to court for what he did?

Lawyer Lori :

Good morning and thank you for entrusting Just Answer with your question. My name is XXXXX XXXXX I will be the professional assisting you today.

Lawyer Lori :

I'm sure that came as quite a shock to you. At the time of the divorce, this information about his marital misconduct may have been used to prevent him from receiving any spousal support from you (if he had requested support). However, that is the limit as to what you could typically use this information for.

Lawyer Lori :

As for child support, if he has not paid child support under a court order, then he would be liable for any back support and not you. Child support is the obligation of the parent and not that parent's spouse. If a child support order had been issued by the court, he may be liable for back support since the date of the order.

Lawyer Lori :

Please let me know if I can provide you with any further information.


Thank you for helping me out with your answer. My question to you is -
Are you familiar with the laws of DFAS and the military? I'm trying to
understand why my ex spouse can get 1/2 my retirement when he served over
16 years in the Army. He got over $40,000 from the military when he got
out. This was a incentive for the over strength MOS's for these NCO's to
receive a lump sum in lieu to a regular retirement. DFAS considers him as
my dependent. Thank you.

Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience: Divorce, custody and child support attorney.
Lawyer Lori and 9 other Family Law Specialists are ready to help you
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

DFAS will NOT consider an ex spouse a dependent unless there is a court order for division of military retired pay. Did your divorce decree order him a portion of your pension?

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