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LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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my ex husband and i have been divorced for 11 years. I recently

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my ex husband and i have been divorced for 11 years. I recently came across my settlement agreement and it state that when his military retirement goes up we are to split 50 50. I have not had an increase in 11 years;. When I brought it to his attention he told me that if I don;t shut up and go away he will lower the amount he sends. even though it is in the court order which he initialed and signed stating that he had legal rep and agreed

LADYLAWYER : Good Morning!
LADYLAWYER : Is he already paying you the correct amount as originally agreed upon or is he paying you less?
LADYLAWYER : Also, what state did the divorce happen in please?

He has been paying the original amount up until this last month when he lowered the amount by 50

LADYLAWYER : Okay, thanks. And did he do this on purpose in order to follow though on his threat to lower your payments? What state did the divorce happen in?

I am sure he did it to scare me. We were divorced in Delaware

LADYLAWYER : thank you. In this situation, you are going to need to file a motion to reopen the divorce and then a motion for contempt. When you go back in front of the judge--and it may be a different judge than the one who originally granted your divorce--you will need to let them know that not only is your ex lowering the amount he is already supposed to pay you, but that you believe his retirement has now gone up and that you are entitled to a larger sum.
LADYLAWYER : You will probably have to hire an attorney in Delaware, unless you still live there and want to file the motions on your own.

I never thought of filing contempt charges. I have saved the emails that was correspondense between us. I appreciate the good advice and will get started. Thank you

LADYLAWYER : You're most welcome! This will be the easiest and cheapest route to get what you want. If you have any further questions, I am most happy to answer them! I strive for an excellent customer service rating, so if you need any additional help with this, just let me know. If not, would you kindly consider a positive rating for me at this time? It costs you nothing further to do but it does allow the site to compensate me for helping you. Thanks!
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