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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 110427
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband pays 90% of s pension to ex. Is there anything he

Customer Question

My husband pays for years 90% of his pension to ex. Is there anything he can do to change the court decision?
JA: Since laws vary from place to place, what state is this in?
Customer: He is in Texas, divorce was in Michigan and he wasn't present.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I don't think so.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First off, 90% is not "equitable" by any standards even in Michigan. The courts are supposed to divide his pension by "equitable division" meaning each party is supposed to get what is fair. Of course, the MI court seems to have punished him for not showing up in court in MI.

So now he has to go to court in MI and file a motion to modify equitable distribution and seek to get the court to change their determination. He will need to show how 90% is not equitable based on circumstances surrounding the divorce and he will need to explain why he has waited so long to do anything about this issue.

Your husband will need an attorney in MI to represent him, as this is not going to be a simple matter and will take some time to resolve through the courts.

Also, if your husband can qualify for a disability, he can seek to get his military pension changed over to disability pension and then she could not get any of the pension by law.

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