QUESTION
How does spouse get military retirement pay enforced when both parites live in the same state, but it is not the state of divorce decree?
Asked on Nov 01st, 2011 on Family Law - Virginia
More details to this question:
Spouse is not a 10/10 spouse (does not meet eligibility requirements for protection under USFSPA).
Payments are based on a calculation (not set amount).
Extent of arreage is not known/calcuable without visibility to DFAS and VA documenation to determine retirement pay versus disability pay.
DFAS is not cooperating - will not/has not provided requested documentation to verify retirement pay per calculation in divorce decree (no 10/10 protections).
Ex-spouse (retired military member) will not provide requested documentation.
How do I proceed?
1 ANSWER
1 Award
You would obtain a copy of the Final Decree or Order, take it to the courthouse in the state where the parties now live (make sure in the correct city/county- probably in the Defendant/payor's home country but that might vary a little depending on exact type of case), file motion or petition to "register" the foreign Order, then move to enforce it per that State's procedures and laws to enforce.
Answered on Feb 24th, 2012 at 3:06 PM