QUESTION
Can my wife’s lawyers file an injunction to have my military disability severance pay held for use to pay alimony?
Asked on Mar 01st, 2013 on Divorce - Michigan
More details to this question:
I have been separated for 7 months and am going to get my severance check any day. My wife's lawyer filed to have it frozen and the judge signed the order. I have to pay that money back. It's $59,300 and she wants half of it but I refuse. I will only agree to $6,000. What do I do? Can they legally do this?
3 ANSWERS
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to retain an attorney with expertise in military matters. Your situation illustrates a very complicated issue requiring an understanding of federal law and when federal law overrides state law and few state judges or lawyers fully understand that issue. Understanding what part of your disability severance pay might be considered marital property is not a simple question but that is a state law issue. Generally, the military authorities will not honor a state court's "freeze order", but you need the assistance of a lawyer to deal with the funds after the military pays it to you.
Answered on Mar 04th, 2013 at 2:28 PM
John Arthur Smitten
Yes they can legally do that.
Answered on Mar 04th, 2013 at 2:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suspect that the payment is going to be frozen, and the determination of its allocation is going to be up to the divorce judge. Whether or not you agree with the judge's determination is not relevant as judges are expected to judge and make decisions which one party, or the other, will not like. Your best bet is to get an attorney.
Answered on Mar 01st, 2013 at 11:50 PM