military spousal and child support from retiree

[val_01]

What is the name of your state? NC

I was married for 21 years to a military man. He was on temporary duty retirement list until Feb. of 2002. We divorced on Aug 1 of 2001. He was retired with 20+ years of active duty due to medical problems. At the time he was place on TDRL he was considered 100% disable. He did work there shortly after for a construction company, while drawing 100% tax free retirement pay.

There was contineous verbal, mental, and physical abuse by him.
I was told I do not rate any of his retirement pay even though I had been with him most of his military career. I was also told i would receive no benefits due to him being 100% disable.

My question is do I rate anything for the time I spent with him. He admits that if it had not be for me, he would not have attained the rank of an officer. This is backed up on hard copy.

At this point there is no property settlement or child custody. since there is no settlement along those lines, he refuses to pay child support or support of any type.

Can you answer if I am entitled to anything and if so what?

 

[ellencee]

Who gave you this information and what proof were you provided that this was indeed the military's rules for your situation?

 

[val_01]

entitlement

Base legal office as well as my ex

 

[ellencee]

After I read your posts, I did a search for military retirement benefits and found a site that had more than enough information.

The military doesn't pay out retirement beneifts or alimony or child support to ex-spouses without a court order and the proper military forms completed by the ex-spouse.

If you are saying that the court did not award you any portion of his retirement in your divorce or any child support in your divorce then there is nothing you can do as far as the military pay goes.

If your ex-husband is receiving Social Security Disability Benefits and you have one or more children under the age of 18, the children are entitled to receive a check of their own from Social Security Disability benefits and you can apply for those on their behalf. I believe that even if he is receiving only his military pay, you can file on his social security earnigs for the children. I know that some people can decline to participate in Social Security, but I still think the benefits are there for childen from some source in Social Security.

If this portion of your divorce is not final you should ask the court to grant you a percentage of his retirement benefits for you and for support for the children. Even with a 100% disability, he is able to earn $700 a month without losing any Social Security disability benefits. If he starts earning an income again, you could file for a modification of support for the children.

I know NC courts have ordered child support from disabled parents. I only know of two reasons that NC courts deny portions of retirement benefits--1) the divorce is due to adultry; the person who committed adultry gets zero 2) the wife (or husband) is not granted a portion of retirement benefits because his or her financial status is greater than the other spouses and to do so would injure the other party.

 

[shakerjo]

What ws the name of the web site you found that was so helpful. I have a similar situation and would like to read up on NC law and possibly Alabama since my husband was divorced from his ex in Alabama

 

[ellencee]

OSD Military Compensation Web Site - Welcome http://pay2000.dtic.mil/

That is the name and the web address for the military pay/benefit site that I mentioned.

To research North Carolina or Alabama laws, simply do a search for North Carolina General Statutes and Alabama General Statutes. Sometimes, I prefer the site 'FindLaw' for researching state statutes because the way in which the material is presented is sometimes easier to read and understand on this site than on the individual state's site.