zoso0330
New
Reged: 06/20/08
Posts: 1
|
|
im 24. i was married for a year and 15 days. we got legally separated in dec 2006. at which point we were separated from dec 06 till the divorce date may 08. Long story short i live in north carolina and she lives and filed the divorce in south carolina. she worked for the first couple of months in the marriage then quit cause she didn't want to anymore. i signed a separation agreement that kind of screwed me because i didn't understand what it was saying. they took it the the judge and it got passed cause i couldn't make it to the court date and waived my right to. she gets 407 a month till she dies or remarries, entitlement to my retirement, doesn't have to claim alimony on taxes, i have to cover all medical and dental, keep her as benificiary in my military contract, and last but not least i have to pay off a 8000 dollar loan that was taken out after i moved just before we separated that payed about 3500 of marriage bills and the rest she blew on random stuff for her that she has nothing to show for it. i am currently putting in an motion to modify divorce judgement to the court of appeals for south carolina. however i had to sell everything, im living my truck showering on base and can't afford to pay a lawyer on top of her stuff. my question is there a way to find a lawyer that might help take care of this pro bono cause im leaving in october for iraq and ill be there till next july and might miss the court date? and also is there a chance to get this overturned since we didn't acquire anything together while we were married, and the stuff we did buy she has it all anyways. ? any ideas or thoughts or advice would be much appreciated.
you can also send me a response to my military email cause its hard for me to get on the internet sometimes since i don't have it. its under
brandan.kimble@usmc.mil
|
beachgirl
Gold
Reged: 11/05/06
Posts: 111
Loc: FL
|
|
Brandan,
You need to go see someone in your chain of command. They can help you with moving back into single quarters on base. If you are deployed, the law states that cases cannot be heard without your permission, so don't worry about that. You will just need to inform the court that you are deployed. You are headed in the right direction by getting this overturned. You should have appeared or asked for a date change. State courts cannot go against federal law. Alimony is taxable to her and deductible by you. However, paying her alimony for extended time, makes no sense. If you are divorced, she is not your dependent, is not entitled to medical or dental coverage, and needs to be taken out of DEERS and off your page 2 listing dependents. If you don't, this can get you into trouble. You are no longer entitled to BAQ with dependents. State court cannot dictate who your beneficiary is. Switch it NOW! Talk to base legal. The court cannot give her entitlement to a retirement that may never happen. Even if they did, they would need to specify that it was for 1 year out of 20 years service or 5% of your retired pay. You need to see base legal. They can't represent you, but they can tell you your options. Good Luck.
|
BartS
Bronze
Reged: 07/05/08
Posts: 33
Loc: Nevada
|
|
go to the jag right away, and get them to help you. Your getting the royal screw job, and need help, legal help. she is not intitled to the money for the rest of her life or remarries for one. That is alimony but what they are using is your rank against you, as soon as your divorced, it should end. And I would do that right away. Also, she might by the state law be entitled to part of your retirement if you do retire, but that is something you will need to work on with Jag. go as soon as possible, sounds to me she hit you with this stuff in a very weak moment in your life.
--------------------
Bart
|
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
