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Author Topic: divorce decree enforcement/clarification question  (Read 1316 times)

wldcherry1

  • Guest
divorce decree enforcement/clarification question
« on: Jan 15, 2004, 02:11:41 AM »
SOC,
I know I posted this already but I am not asking about the division of military retirement I am asking about the enforcement/clarification of the decree.  I apologize if my questions were unclear.  I always appreciate all the help you give.

Bob is in the military. Bob and Betty were married for 9 years and 2 months and divorced Aug 2000 in Texas. The marriage overlapped the military service. When Bob and Betty divorced the court awarded Betty 27.38% of Bob’s military retirement. Decree states “All right, title and interest in and to 27.38% percent of the United States Army disposable pay to be paid as a result of Bob’s service in the United States Army, and 27.38% percent of all increases in the United States Army disposable retired pay due to cost of living or other reasons, if, as, and when received”

Bob was an E-7 when they divorced. Bob has since been promoted to E-8 and will do more than 20 years in the service. Bob is not retired at this time.

Betty claims she is entitled to 27.38% of the entire retirement, to include promotions and service beyond 20 years.

Bob claims Betty is only entitled to 27.38% of what he would have been paid if he retired as an E-7 with 20 years. Bob claims that any service and pay raises after the divorce are his sole and separate property.

It is against Texas law to award the one party the sole and separate property of the other party in a divorce.

1. Who has the stronger claim Bob or Betty?

2. Is a clarification order needed?

3. Should Bob pay Betty the amount he feels correct and make Betty take him to court if she disagrees and ask for a clarification order then?

4. Should Bob just wait for Betty to take him to court to force him to pay period and ask for the clarification order then?

thanks




 

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