I receive mil retirement pay from my ex husband now he is taking me to court after 10 years because he has a son now that is 10 years old from a girfriend he is asking to modify support because he now has to pay chil support can he do this
State/Country relating to question: Virginia
nothing, We go to court on July 16
If you are receiving a portion of his retirement pay as a division of property, then it should not be subject to a revised order.If you are receiving a portion of his retirement pay as spousal support, then it may be subject to modification - due to change of circumstances - which could be anything from loss of income, disability, addition of other family members...or even your making more money, or similar changes.So you need to look at your divorce decree, property settlement documents, etc., to see what is the specific reason why you were awarded money from him, what would be the grounds that would permit a modification, etc.But, even if he may not have a good legal basis for success, that does not mean that he cannot take you to court to try and see if the court will modify the order.
hi I am writing from my final decree distributon and spousal support this was what tried in court 2000 the marital portion of my ex is eighty-six percent of the total military service upon which his retirement pension is calculated. consequently,ms me shall be and hereby is awarded an annuity that equals one-half of the marital portion or forty-three percent of the mil retire pay arising from mr.ex . ms.me right to receive the aforementioned mil retirement annuity under this agreement shall contiue as long as mr. ex has a right to receive such payments. i am still copy the final decree mr.ex. shall execute as required by the appropriate mil disbursing office, all documents necessary to establish direct payment to me by that office. if any order submitted to the appropriate mil disbursing office is held not to be a qualifying court order ,the parties shall cooperate to have the order modified so as to become a qualifying court order that reflects the terms contained in the agreement. so now with this info can my ex take my marital portion
Thank you. Yes, it is a property division, which is not subject to later modification. As such, I would not expect him to be able to effectuate a change. That is not to say he cannot try and there are always collateral affects of any legal process (e.g., court costs, attorney fees) so, since it does not appear that there is a legal basis for his taking you back to court, you should see if you can have all costs associated with defending yourself against this claim to be paid by him. If he knows all this in advance, then he may be less likely to pursue the action.
CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications
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