QUESTION
I'm divorced now 9 years, paid child support for 17 yrs, till this past month my daughter is now 23, can my ex get any of my army retirement check
Asked on Feb 13th, 2014 on Child Support - Pennsylvania
More details to this question:
legally married on paper for approx 15 when I filed for the divorce. we had an agreement in the decree for $400.00 a month child support, my parental visitation rights and that's it. she never lived with me for more than a year and half at a time, cause she didn't want no part of me, we married in 1989, 3 months later i got deployed to the gulf war, i came back 6 months later she wanted to go back home with her family cause she wasn't happy, i remained in GA for my last year by myself without her or my daughter, in 1992 i was sent to Hawaii, she joined me 3 months later cause she didn't want to go, 1 1/2 yrs later she wanted to go back home leaving me alone again for another 16 months again she wasn't happy, then i was sent to TX 1995, for 3 yrs she joined me for 1 /12 when she wanted to leave again. She left in 1997 and we never shared the same house ever again. Is she entitled to any of my retirement. I never missed a payment, plus I've always been there for my daughter in every way
1 ANSWER
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Based upon your question, it appears that you were continuing to pay "back" support until very recently, and your support obligation is now terminated. If that is accurate, there would be no reason for any additional hearings in domestic relations court that would address your income, so your Army retirement check should be safe from that process.
When you were divorced, your settlement agreement or court order dividing assets would have addressed your retirement benefits. You should look to either of those documents as to in what manner, if any, that asset was divided. If the agreement or order are silent as to that issue, or if you only had a divorce count and neither of you raised a claim for equitable distribution, then the issue is waived and your ex would have no claim to your Army check.
Answered on Feb 13th, 2014 at 3:08 PM