Question:

My exh was active duty in the military when we divorced. We were married for 7 years. On the divorce decree my exh agreed to give me 10 percent of his retirement . When i approach DFAS about it, they said that they could not pay it from the former spouses benefits because we were not married for 10 years. I argued he agreed and they said they could not direct pay or garnish. True?

Jim's Reply:

Property divisions, child support and alimony obligations are addressed in stipulations that are a part of the divorce decree. If the party instructed by the court doesn't follow the order, he's in contempt of court. The agencies where the money comes from don't want any part of your divorce. They want to stay as far away as they can so your option is to seek help in enforcing his obligation from the source...back to the court. You can talk about your opportunities to enforce his court ordered obligations with the clerk of court of your local district attorney's office.