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My ex and I divorced several years ago. He is retired Air…

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My ex and I...

My ex and I divorced several years ago. He is retired Air force. dfas initially made a mistake and sent 100% retirement to him although I was entitled to half. They made these payment for over a year. The courts have ordered him to pay back to me was was originally owed. he is refusing. Can his retirement be garnished to pay this?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

The judgement was made in Utah, but he lives in texas now

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No. only dealt with the local court

Submitted: 11 months ago.Category: Military Law
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9/17/2017
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,697
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

It is possible to garnish military retired pay. DFAS (military pay) will require a court order (garnishment order). So you will need to have a local attorney file a request with the court for a garnishment order...once you have it, DFAS can garnish.

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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Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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