What Can You Do If an Ex Won’t Pay Military Retirement Fees?

Question from Sandi, What Can You Do If an Ex Won’t Pay Military Retirement Fees?

Answer from AI:

When dealing with a complicated military retirement agreement, particularly when an ex-spouse is not complying with their obligation to pay attorney’s fees and the court is not enforcing the agreement, there are several steps you can take. It’s important to understand that each situation is unique, and the following information is general in nature. For personalized advice, it’s always best to consult with a legal professional who specializes in military divorce and retirement issues.

Understanding Your Legal Options

1. Review the Original Agreement: Ensure that the terms regarding attorney’s fees are clearly stated in your divorce decree or settlement agreement. This document serves as the foundation for any enforcement action.
2. File a Motion for Contempt: If your ex-spouse is not following the court order, you can file a motion for contempt. This asks the court to enforce the order and potentially impose penalties for non-compliance.
3. Seek Enforcement Through DFAS: If your divorce decree awards you a portion of your ex-spouse’s military retirement pay, the Defense Finance and Accounting Service (DFAS) can enforce payments through the Uniformed Services Former Spouses’ Protection Act (USFSPA). Learn more about USFSPA.
4. Consider Alternative Dispute Resolution: Mediation or arbitration can be a less adversarial and more cost-effective way to resolve disputes over attorney’s fees and other issues.
5. Explore State Enforcement Mechanisms: Some states have additional mechanisms for enforcing court orders, such as wage garnishment or liens on property.

When the Court Will Not Enforce

If the court is not enforcing the agreement, it’s important to understand why. There may be a legal reason that needs to be addressed, such as:

• Ambiguity in the original agreement that needs clarification.
• Lack of jurisdiction over the ex-spouse if they have moved out of state.
• Insufficient evidence of non-payment or inability to pay.

In such cases, you may need to take additional legal steps to clarify or modify the original agreement, or to provide the necessary evidence to the court.

Consulting a Legal Professional

Given the complexity of military retirement agreements and the potential for state and federal laws to intersect, consulting with an attorney who has experience in military divorce can be crucial. They can help you:

• Understand your rights and obligations under the USFSPA and other relevant laws.
• Navigate the specific procedures for enforcing military retirement agreements.
• Represent you in court or in negotiations with your ex-spouse.

Self-Help Resources

If you cannot afford an attorney, consider reaching out to:

• Legal aid societies that offer free or low-cost legal services.
• Military legal assistance offices, which may provide advice to service members and their families.
• Self-help resources provided by the court, which may include forms and instructions for filing motions.

Conclusion

While it can be frustrating when an ex-spouse does not comply with a military retirement agreement, there are legal avenues available to enforce the agreement. It’s important to act promptly and to seek legal advice to ensure that your rights are protected. Remember, this information is not a substitute for personalized legal advice from a qualified attorney.