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American Divorce-Children in Germany

Discussion in 'Child Support' started by Autumn7410, Jul 13, 2019.

  1. Autumn7410

    Autumn7410 Law Topic Starter New Member

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    Jurisdiction:
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    The divorce was filed and final in the United Stated, all issues including the child support were addressed and agreed upon in said divorce. 7 months later the custodial parent who lives in Germany is trying to file for child support in Germany, even though the settlement agreement within the divorce settles child support and was agreed upon by both parties. Also, in the divorce it stated that neither party was get the other parties pre-marital monies or retirement. The ex-husband has served in the Military and the ex-wife is now saying she is entitled to half of his retirement per Germany law. They were not divorced in Germany so how can that even come into play?
     
  2. Zigner

    Zigner Well-Known Member

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    1: Who are you in this situation?
    2: Why was the divorce filed and finalized in the US if both parties are in Germany?
    3: In the US, child support is never set in stone.
    4: He needs to address the matter of military pension with his command.
     
  3. army judge

    army judge Super Moderator

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    What was the length of the marriage?

    How many of those years was the spouse serving in the military?
     
  4. Autumn7410

    Autumn7410 Law Topic Starter New Member

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    Marriage was just under 10 years.
    All military service was served before the marriage.
     
  5. justblue

    justblue Active Member

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    Please answer Zigner's questions (post #2) ...Thanks...
     
  6. Autumn7410

    Autumn7410 Law Topic Starter New Member

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    Both parties are not in Germany. The mother of the children is a German citizen, father is US citizen. They were living in Germany separated and when they knew there was no hope for reconciliation father moved back to the states and eventually filed for divorce.
     
  7. justblue

    justblue Active Member

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    And who are you in this situation?
     
  8. Autumn7410

    Autumn7410 Law Topic Starter New Member

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    I am the wife of the father
     
    Last edited: Jul 14, 2019
  9. army judge

    army judge Super Moderator

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    You must have been married to the military member for more than 10 years to collect by law 50% of the retirement payout for the rest of your life, plus that sweet Tricare and military dependent ID card.

    Sorry, that explains why you failed to get it, not married for 10 years.

    Your mutual minor child(ren) (if there is one or more) does qualify for that card, healthcare, and base shopping privileges, which means you get a card until ge hild becomes an adult.
     
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  10. justblue

    justblue Active Member

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    OP is the current wife...not the ex.
     
    Autumn7410 likes this.
  11. leslie82

    leslie82 Well-Known Member

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    She's the new wife it appears - not the ex wife.
     
    Autumn7410 likes this.
  12. leslie82

    leslie82 Well-Known Member

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    I don't think it matters if they were divorced in Germany...which they weren't. She doesn't get any of his retirement. Since they weren't married during any of the time he served, she gets nothing.

    I was married to my ex husband for a year when I divorced him - he won't get any of my retirement someday when I retire from the military. You have to be married 10 years during their service. They weren't. So that's not going to get anywhere. I'm not sure how German law works with child support if there's already an order in place in another country though.
     
    Autumn7410 likes this.
  13. Zigner

    Zigner Well-Known Member

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    It's quite apparent that you do not have all of the information about this matter. If dad cares to, please have him log on to ask his own questions about his own legal matter(s). Thank you in advance for your gracious understanding.
     
  14. Autumn7410

    Autumn7410 Law Topic Starter New Member

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    Hmm okay...I’m not sure why you think I don’t have all the information about this matter but thanks.
     
  15. Autumn7410

    Autumn7410 Law Topic Starter New Member

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    That’s what I was thinking, since the military service was performed before the marriage I don’t see how she is entitled to it. Just like myself I am not entitled to it if god forbid we were to divorce.
     
  16. Zigner

    Zigner Well-Known Member

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    Because this isn't YOUR matter.
     
  17. zddoodah

    zddoodah Well-Known Member

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    What does "trying to file" mean?

    I'm not sure what this question means.

    If I'm reading your posts correctly, H served in the military before the marriage but had no service time during the marriage. At some point in time, both parties apparently lived in Germany, but it's not apparent that they were married or living together at the time. In your original post, you wrote that W currently lives in Germany, but in a follow up post, you contradicted that by writing, "Both parties are not in Germany."

    Please answer the following questions:

    1. What were the dates of H's military service?
    2. When did H and W marry?
    3. When did H and W separate?
    4. On what date did H and W's divorce become final?
    5. In what U.S. state did the divorce occur?
    6. When did H first move to Germany?
    7. When did W first move to Germany?
    8. If H no longer lives in Germany, when did he leave Germany?
    9. If W no longer lives in Germany, when did she leave in Germany?
     
  18. Autumn7410

    Autumn7410 Law Topic Starter New Member

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    So would it matter that the military service was before they were married?
     
  19. Autumn7410

    Autumn7410 Law Topic Starter New Member

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  20. Zigner

    Zigner Well-Known Member

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    If the mother lived in Germany with the children the entire time, then the US doesn't have jurisdiction over matters relating to the children in the first place.
     

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