My current husband's ex-wife was awarded a quarter of his retirement back in 2011. She never did the necessary steps or paperwork to obtain this money, and since then their three children were taken from her (he has full custody) and awarded to us
(She was found to be abusing them). We never asked for child support, the kids are all now in college, 13 years later, and she is threatening to come after the retirement money, does she have a legal leg to stand on?
Posted by LowRecognition3008
4 Comments
Yes. There is not a time limit on enforcing an order for dividing retirement pay. If she was supposed to get signed up for SBP, it’s probably too late for that. [Defense Finance and Accounting Service > Garnishment > usfspa > apply (dfas.mil)](https://www.dfas.mil/Garnishment/usfspa/apply/)
This is a better question for base legal, or a civilian attorney who specializes in military cases.
Since this is a significant amount of present and future money, it would be worth talking to a lawyer about it.
Lawyer up now. Money spent now will be WAY less than the backpay required if she wins the case due to not having a lawyer