FORMER SPOUSE ENTITLEMENT. BOTH SPOUSES HAVE REMARRIED. The non-military spouse is German national, repeatedly refused U.S. Citizenship during the marriage, lives with her new spouse in Germany. Note: Before the divorce, former spouse was receiving 100% of the retired spouse's pay sent to joint U.S. bank account in Germany (Bank of America? US Branch under Military Base services.)Prior to the divorce, the home built in Germany was signed over to her and the 2 children (50/50). Within 6 months of seperation, prior to divorce, she sent eldest child to U.S. causing additional pain and suffering for the children. Divorce occurred in Florida with attorney, former judge who refused to set a time or other conditional limits (youngest child turns...18 or 21? or he/she/both remarries).Can that ruling be reviewed and changed in light of extreme financial hardship (retiring continuously unemployed since 2000)? Since she has remarried, sold the entire family home to her new spouse completely ignoring agreement that 50% belonged to the children. House value at time was in $300,000.00 + How might I proceed to reach a FAIR settlement, or at least, my full retirement benefit?
State/Country relating to question: Florida
Attempts to address the key issues with her have resulted in extremely loud and hurtful arguments. On her part. So far both of the new spouses (hers and mine) have refused to participate, stand back and ask respective spouse to be receptive, be fair, etc. but offer no other input. At this point, I am on the brink of bancruptcy and I suspect, that was her goal all along.
One other comment, while I was accepting her into discussions with my attorney (judge) she refused me access to access.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.The answer to this question centers on how the pension was divided...do you know was the retired pension divided as property in the property section, or was it divided as support in the support section of the divorce decree?
Divided as property
Can I have this reviewed with a return of at least my military retirement. The home is hers and her new husbands. I simply want what I worked for returned to the United States. To my knowledge, she does not pay any Income Tax on what she receives. She has gloated about that. As a veteran, I resent that most of all.
That is a tough one. It is very tough since courts are reluctant to reopen a divorce to review property settlement orders. This is true for many reasons...the main reason is the desire of the court for "finality"...they have a strong interest in not allowing the parties to reopen the case when circumstances change. The only way that courts will reopen a property settlement is if either 1. The parties agree. If your ex agreed, the court would allow you to go back and modify. This is rare, certainly (that parties agree...but it is one way the court will allow the case to reopen)2. There is evidence of fraud. Specifically, if the party raising the issue can show the other party lied to the court or committed fraud upon the court.Short of that, it is not possible to reopen the property settlement of a divorce. There are certainly lawyers out there who will take your money to try....but unless you have consent or can show fraud, you are wasting your money.Sorry to have to bear bad news.
Fraud. Would that include the assitance from the JAG officers who refused me any counsel.
No. You would have to show fraud to the court, not fraud to you. If you can show your ex or your ex's counsel lied to the court? Then you can bring this back to the court and have a reasonable chance of getting them to agree to reopen.
How about the 36% of my retirement payment she is and has been receiving since 1995? She has declared that she has not paid any income tax (to the U.S. nor German governments). I have not been able to verify with German government (Privacy) but I do know that I pay taxes to IRS only on the amount I receive.
That is on her. That is, since this was a property settlement, it is her responsibility to pay the tax on her share.You can notify the IRS if you like, they may investigate into if she is avoiding income tax and can deterimine if they want to prosecute.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
Thank you for your continued quick responses. I have considered alerting the IRS, but I could see how I might benefit from that. She might get a fine and then pay her back taxes. But my final question is, how do I recover retirement pay? Is that simpy a loss or do I have any court I can appeal the property settlement to for review?
That is the dilemma you face. Since the court gave the order that divided the pension, the same court would have to ammend or change their order to have you recover any of the pay (or pay less in the future)And the problem you face is that since the division was done as property (and not support) it is very difficult to change that order.Again, if you can show fraud on the part of your ex? Then you have a chance...then you could hire a lawyer and have them file a motion with the court to modify the order. But unless you have evidence of fraud, it will be difficult, if not impossible, to convince a court to modify the orderSorry to have to bear bad news
I thank you sir, very much for your clarifications and straightforward replies. I have to review my options, but now I am better prepared.
Welcome. Please let me know if you have more questions, if not please accept / rate the answer so I get credit for my work.
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