Question:
My wife is receiving a DFAS pension from her ex spouse. He recently received a VA disability award which reduced my wife's pension by about $560 per month. According to Question 18 of your current Jim's Mailbag this problem is addressed and appears to depend on whether or not her Divorce Decree has an indemnification clause in it. Her x spouse did insist that she sign some form which applied to this issue but she cannot recall what form. He informed her that no matter how much his award might be she would lose no more than $250 regardless of his disability award. Can you shed any light on this matter and explain what if any remedy she may have given that she does not have such protection within her agreement. Also are you aware of what type of form she may have been asked to sign? Thank you very much for your help.
Jim's Reply:
You're asking questions that only a family law attorney with all the records in front of her will be able to answer. In the end, the divorce decree is all important. All family courts have processes to make modifications when changes happen and getting the decree modified will require that she take it back to the court.