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Name: bigfootj33 New Member  
Title: Divorce Travesty-Military Style
DivorceMy SituationLike most divorces my travesty of justice is long and complicated. I spent over22 years of my life defending this country and I many times ask myself, why? I do not have any children living at home, no real estate, and my ex has always worked. She has a good job in a hospital working as a monitor technician (Telemetry). Last year I filed for divorce after 29 years of marriage. I filed because of mental and physical cruelty. I left her and she kept most of the household goods. She also has a history of gambling and very frequently has pawned our wedding ring; she even pawned my motherís wedding ring. She has thrown things at me, punched me in my face, torn my clothes off, curse words I never heard of and tried to run me down with her truck and ended up side swiping me and caused over $2,900 to my jeep and over $900 damage to her truck. I have always paid for both of these vehicles. The police report said she could be charged with reckless endangerment, but I never pressed charges. I now, wish I had. She was also arrested January of 1996 for ďengaging in fighting or in violent, tumultuous, or threatening behaviorĒ against our neighbor with 5 witnesses signing the complaint. She was fined $250.00. Although my attorney had all these facts and all the supporting documents none of this was ever presented in court. Now I am screwed!My divorce was final on January 14 of this year. I was found at fault because I was now living with a woman. She was awarded 45% of my military retirement pay, $750.00 a month alimony, and $1,500 attorney fees. I cannot afford this, as it is almost 75% of my income. She will collect alimony until she dies or remarries. She was also given my 1996 Grand Cherokee and I was awarded a 1997 Chevy s-10 pickup. This truck was barely operational. Need brakes, Tires, engine work, many other repairs and had extensive body damage that she caused. I have always paid for both of these vehicles. I am in the real estate business and cannot use a truck for this type of work, so she even took my livelihood away. If the court is going to award a portion of our military retirement letís call it what it really is, alimony not property.On July 29 I had to attend a contempt hearing, as I was behind in my alimony payments and retirement benefits. When she filed DD Form 2293 for my retired pay in February I was notified by DFAS. I informed them this divorce is under appeal so it was never processed. The judge was very angry about her not receiving my retirement check, but I followed the law and exercised my right to appeal. He obviously didnít know the law nor did he care. I was found in contempt and sentenced to 5 days in jail (which was suspended), ordered to turn over my ENTIRE retirement check on the first of the month, make a $400.00 payment immediately, make an arrearage payment on the jeep of $377.00. I was also ordered to turn over 45% of my Gross retirement to her (not disposable) and I was ordered to file the paperwork so she could start receiving my retirement check. On the DD Form 2293, Application For Former Spouse Payments From Retired Pay, it specifically states that I certify that the court order has not been amended, superseded or set aside and is not subject to appeal. The penalty for willfully making a false claim or statement is a maximum fine of $10,000 or 5 years in prison or both. I think I will eventually go to jail for contempt.How can he do this? Where are my rights? How can a judge order more than 50% of my retirement benefits? How can a judge force someone to file a false official claim? He is going to force me to live on the streets. This law is an outrage. None of these attorneys (Iím on my second) or judges knows the law nor do they care. It is near impossible to find an attorney that is familiar with military divorces. I wish I knew who to turn to. MSgt, USAF, Ret.

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Name: happysoon Member
Hi Bigfoot! Have a read of our situation (in General discussion, go to my post "greedy ex from Hell") It'll make you feel like you arent so alone in the world. Grrr. Don't worry there is such a thing as Karma. She will "get what she is entitled to" Good luck to you, you will find true happiness!
Name: SandyB New Member
I'm very sorry that you are getting such a raw deal. My soon to be ex is in the military. I don't want to take everything away from him..just what I deserve for being married to him for 28 years. He has a girlfriend in the military. Best of luck to you. I hope things work out.
Name: Smoke New Member
Hi Bigfoot,I am one of those spouses that did nothing wrong also, except I happen to be the female.If you need a attorney that is familar with the USFSPA Law go to militarydivorceonline.com they have an area that you can look to see if there is an attorney specializing in this. I hope this will help, it does sound as if you were screwed. She walked away without a consequence to what she did, actually she was rewarded and that is not right.I will be trying to get some of my ex's just because he continues to add insult to injury. I asked for the divorce after many years of putting up with him straying and even legal problems because of it. He has also walked away without a consequence and now I am going to try to give him one. I never intended to go after it, never felt that I was entitled but....he just keeps up his antics and now I have to worry about me and my kids.
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