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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20239
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My ex was in the Navy reserves then went active in

Customer Question

My ex was in the Navy reserves then went active in Afghanistan came back and divorced me and I don't know why. We where married for 24 years he was in his 16th year of service at that time. I was left without out a job or a place to live and he would not help me unless lawyers made him. He left me destitute. That has been 6 years ago. He may be on disability or retired now I am not sure. He lies about it and I think is hiding the facts from me. I did not sign anything during the divorce about the navy at all. Am I entitled to anything from him.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: It was in Texas
JA: Have you talked to anyone in the chain of command about this?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: If he is on disability he is faking it in my opinion. He ran for some reason from his job , navy , me , and his daughter and new born grandson to move back home with him mom. He is 56 and with mom. She is not sick. Something does not add up.
Submitted: 2 months ago.
Category: Military Law
Expert:  Marsha411JD replied 2 months ago.

Hello,

Thank you for the information and your question. If your divorce decree did not provide for any support to you or a property settlement that included your ex-husband's future possible military retirement, then you would normally not be able to now go back to court to enforce any sort of support. In other words, the time to have addressed the issue of a property settlement which included potential future retirement benefits was when you divorced. Now, six years later, it would be very difficult for an attorney that you would hire to try to reopen the support issue. The fact that things have been difficult for you, or that you entered into an agreement that wasn't beneficial to you, would not change the fact that the order was a final order.

All that said, you should sit down with a local family law attorney who has some experience with military retirement issues to see if they think you can assert that you were some how misrepresented by your prior attorney or that your ex-husband lied to the court, which led to the non-support issue.

The fact that he may or may not be honest with you now about his retirement status, is irrelevant to what happened six years ago. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to let me know that I covered your question and also leave a positive rating of my efforts to explain the law of your situation, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 16th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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