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Retirement benefits to ex.

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Tracy210

Junior Member
What is the name of your state (only U.S. law)? Florida

My husband was married to his ex for 14.5 years. Miserable marriage. One child conceived, after 10 years and 30K in fertility treatments (she had problems) She latched onto him when he had orders to Korea, a couple of dates and a glass of wine and guess what? Shes talking marriage. He brings her back to the states and they marry. Each month she hoards his pay, going into HER checking account each month. It grew and grew over the years. He intenionally asked to be deployed over and over again to get away from her.
They were separated the last two years, he kept talking divorce, she wouldnt have his terms. She wanted the child, the house, the 50K in the bank, alimony, child support and a chunk of his retirement. Typical. They couldnt settle so she wouldnt sign papers.
When he and I met and things got serious, we knew we had to get him divorced. His little girl (living with the ex) told ex about me. She told authorities she thought he was "messing" with the child. DCF launched an investigation. She never showed for a single hearing. NONE. He fought it all and won, got custody of the daughter, got divorced and had her evicted from the home. She vanished into thin air. We even had a PI try to find her to serve her adoption papers when I adopted this child. She hid out, worked under the table (she owed us two years of child support) wouldnt answer her phone, wouldnt call when we sent letters to her po box, just vanished. She was to turn over the childs belongings, she sold them. Noone could find her at all. For all we knew, she moved back to Korea.
A motion for contempt hearing was held last week against her and the back child support. We couldnt care less about the support! She showed for this hearing and told the officer that she knows her ex is retired and owes her 26% of his retirement. We ran to the court, pulled it up and sure enough, the decree states it! What now? Its been 4 years. She has to be the one to apply for that money, we cant do it for her. We dont have the $30K in arrearage. We were told by base legal to law low, dont bring it up. If she applys through DFAS and they start a current allotment somewhere down the line, fine, but what about the arrears? Would she need to take us to court to fight us for all of that money? We are horrifed over it. We are raising 3 kids of our own and she really cleaned his clock money wise.

Thanks!
 
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DRTDEVL

Member
File all she wants, DFAS won't garnish for less than 50%, that's the rule. He would have to pay the 26% himself.

Now, on another note...

How much is 26%? How much is the owed CS? Any chance it would be a wash?

This might be your ticket to making the arrearage disappear... Possibly even making the payments to the state for CS in her name, rather than to her. Not sure the legality of it, but it's worth a shot.

Wait for Baddapple to respond... He should know more.
 

Tracy210

Junior Member
Hi, thanks.

Actually, because noone could find her to serve papers (even the PI we hired, couldnt find her) we dont think she knows I have adopted her daughter, so she is hiding out and running scared from the child support. She had no income, of her own (ever) and none at the divorce, so she was ordered to pay us $207 a month in child support. I adopted his daughter after 24 months, so she only owes us.... about $6000.
So, it wouldnt be a wash.

She was told to seek legal council all through the divorce/ child custody stuff and did not.
I really think she'd have to hire a lawyer to pursue us on the back stuff???? (which I know she would never do, she can barely speak english and is timid and scared of people)

Im not too worried about the current support, once she applies, its the arrears im worried about. If she is still hiding out and doesnt apply, we shouldnt have to go and set up an account and start her a savings should we? Ridiculous.

He did 26 years USAF (WOOT!) and retired as an E8. He has 30% disability, so his disposable net retirement income is about $2700.


I just want someone to tell me how much trouble we could be in for not having this 4 years of "unmodifiable" support in the bank ready to hand her when she finally surfaces from hiding out and claims it.
 
File all she wants, DFAS won't garnish for less than 50%, that's the rule. He would have to pay the 26% himself.

Not correct. DFAS will not garnish more than 50% if awarded as property settlement in a divorce, they will garnish a lower amount or % in a court order. DFAS will make a direct payment as long as the marriage overlaps service by at least 10 years and the former spouse submits the correct form w/copy of court order.

OP - she has to be the one to file for direct payment, but your husband can set up an allotment to her based on the court order now so no further arrearage accrues. From everything I've read, DFAS will not garnish for the arrears, so she would have to file a contempt of court action.
 
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