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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33093
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am retired military, divorced and my ex has been getting

Customer Question

I am retired military, divorced and my ex has been getting half of my retirement for 5 years. She has had a civil service job for 13 years, 8 of those years when we were still married. She makes a lot more than I do at my current job yet she still gets half my retirement. Can I petition the court to get this stopped or adjusted?
Thanks
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am truly sorry to be the person to bear bad news, but if the court issued a division of your retired pay under Title 10 US Code Section 1408 (the Former Spouses Protection Act), that division is done as "property" and is not subject to modification absent a showing of fraud by the other party.

In other words, the division of your pension has nothing to do with her post divorce income. And unless you can prove she lied to the court during the divorce, it is too late to ask the court to "reconsider"

Bot***** *****ne: Unless you can prove that your ex lied to the court, they (the court) will not reopen this case.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can ask the court to reopen this based on her income, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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