retirement savings

[mszostek]

My divorce is final in the state of Georgia. Im in the navy in ct. I got married in pa. We were married for about three years when she admitted to adultly twice.

All of the terms of the divorce were addressed and taken care with the exception of my thrift savings plan which is similar to a 401k or a Roth ira. I don't know why but I agreed to give her 50% of it for the time that we were married. When I submitted the divorce decree to the company that handles the account their legal office denied her the right to the money because the decree only stated" retirement account" and did not mention" thrift savings plan".

I've talked to a couple people about it and they all said it sounds like that part of the decree is null and void and its not my prob but she still is threatening to take me to court in Georgia.

Is that part of the decree null and void? Does she have a right to take me to court? What would I have to pay for? And can I counter sue for pain and suffering?

Thank you
EM2(SS) Szostek

 

[mszostek]

Also, I only get to see my son if I take a trip down there. The last time I went it cost one thousand dollars for four days. She wont bring him up to ct and im in an active status so I have to take leave as well as wipe out my bank accounts to go see him. Is she allowed to do this?

And she keeps paying a lawyer $200 an hour but she's works part time as a waitress and substitute teacher and her dad is in debt so I think she's jacking the child support. Is there anyway I can require her to prove she's using it all on my son?

 

[army judge]

WOW, you almost screwed yourself. :no:


Had you done that, it would have been quite a feat.


You do have some LOOSE legal ends to try and complete. :yes:



You could retain an attorney to assist you.


Or, your could request one, pro bono, at this website: http://www.militaryprobono.org/ :angel

Servicemembers and Families in Need of Legal Assistance

If you are a servicemember in need of an attorney, visit ABA Home Front where you can use (1) the Directory of Programs to find a state-by-state guide of legal resources available to military families and (2) the Information Center for information about your legal rights and responsibilities.

http://www.americanbar.org/portals/public_resources/aba_home_front.html

No legal representation, advice, or assistance is provided by the Military Pro Bono Project staff. Click here for more information on how to be referred to the Project.

You could also speak with your local JAG Office and ask them to submit a request on your behalf.

So, what will happen?

Well, a volunteer civilian attorney in Connecticut will, hopefully, decide to assist you "pro bono" (at no cost to you).

This is far too complicated for you do alone.

If she moved from CT to GA (and took your child), you might have been able to prevent that.

Unfortunately, you might be outta luck on that angle now.

If that avenue were still open, she MIGHT be required to reimburse your transportation costs.

Even though that is ordered, it rarely works WITHOUT problems.

So, don't get too happy, yet.

As far as the THRIFT ACCOUNT, I suspect she's outta soap on that one.

If the THRIFT PLAN won't permit it, I suspect her court order is unclear.

That is her problem, not yours.

You weren't married long enough for her to accrue a right to your eventual retirement account.

I think she had a DUMMY for a civilian lawyer.

Don't you follow her lead.

If no one contacts you from the ABA site I gave you, investigate hiring your own attorney.

Either way, you have some loose ends to address, sailor!

Good luck.

 

[mszostek]

Hooyah army judge. You reduced my stress a bit and gave me an avenue to take action upon.

If anyone else has anything to add that would help please do. Id like to have as much info as possible so I don't get screwed anymore than I already have. That's what I get for thinking we could both be reasonable and separate peacefully. Learned my lesson.

 

[army judge]

If you couldn't work out your differences with that adulterous cow while you were married, you surely couldn't expect to do it during (and after) the divorce.

She showed you her traiterous colors twice.

Don't turn your back on that cheating sow, she will do a "Julius Ceasar" on you.

Thank you for your service to our nation.

 

[mszostek]

Who pays court fees in a court battle? And...do I have a shot at a claim of pain and suffering? I was removed from my boat for suicidal ideation's and depression which was emotionally painful and I lost a good chunk of money by not going to sea, I was treated for alcohol abuse in that I used it to cope with my divorce, I've had to move twice because of it, and my credit has been destroyed because of divorce expenses. I was going to use this threat to keep myself out of court but if its guaranteed that I could win I might do it anyway.

 

[army judge]

Talk to some local lawyers.

The initial meeting is often free.

Ask those questions.

I don't wanna burst your bubble or step on your dream.

Get crackin'!