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Divored in November 1996. Wife was awarded a percentage of…

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Divored in November 1996....
Divored in November 1996. Wife was awarded a percentage of my income based on the years we had been married (33 years). I was awarded 100% disbility in Sept 2011 due to military disability from PTSD, agent orange, etc. In a court percedure in Sept 2011, the judge awarded my ex-wife $1,980 per month in maintenance support. My military retirement pay, disability pay, social secuirty pay and civil servant retirement pay was all consisted as my total income. I have alway been told that disability pay, social secuirty income was not considered as income in a divorce. I cannot understand why the judge would award my ex-wife income I earned after the divorce in 1996. What can I do to ask that this error be reviewed and corrected?
Submitted: 6 years ago.Category: Family Law
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Answered in 16 minutes by:
2/16/2012
Family Lawyer: P. Simmons, Lawyer replied 6 years ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,228
Experience: 16 yrs. of experience including family law.
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The judge did that because the law will not allow the judge to order division of your disability pay.

So this is the "work around"

The judge can not partition (divide up) your disability pay...but the judge CAN consider that income...a family judge can consider income from all sources in deciding support.

And that is what happened it seems.

You can hire a lawyer to try and fight it...but if this was an alimony (spousal support) and not a property division it is not likely going to do you any good.

Sorry to have to bear bad news.
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