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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34535
Experience:  16 yrs. of experience including family law.
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1999 divorce. No children. Under Spousal Act (military) ex

Customer Question

1999 divorce. No children. Under Spousal Act (military) ex granted monthly stipend. I was unaware of the law for the Spousal act, in that the divorce could have stated that if she re-married the stipend would end. I was snowed in her telling me she was to become a "bag lady". She remarried 5 years later, after long romance. Current spouse is retired military. Can I ask the court to amend the divorce and remove the stipend. I have remarried and have a 15 year old son-need that stipend for college.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

This depends...can you tell me, what does your decree of divorce say about this? Was your military pension awarded as property or support?

Customer: replied 1 year ago.
Military pension 25% as property.
Expert:  P. Simmons replied 1 year ago.
Thank you. I am truly sorry to be the one to bear bad news. If the division was made as property it is not possible to change it based on The fact your former spouse remarry
Expert:  P. Simmons replied 1 year ago.
If the division was made as support it might be possible to go back and have the support order modified.
Expert:  P. Simmons replied 1 year ago.
However, since the divorce court in your case divided your pension as property, it will not be possible for you to go back and modify it now.
Expert:  P. Simmons replied 1 year ago.
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 change this 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!
Expert:  P. Simmons replied 1 year ago.
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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