Child and spousal support issue help please!


#1

You’re not automatically entitled to part of his retirement pay. You have to have been married for a certain amount of time. How long have you been married?


#2

Dear toocomplicated:

Greetings. 1. No, if you do not file for the same now then you are not entitled to back pay on support except for actual expenses for the children. 2. Possibly you can get him to consent, except on the issue of divorce you need to be a resident to file. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Janet, how does the NC law work with jurisdiction consent? If he (not me)files for a divorce after I establish a residency, does that mean that he consents to the jurisdiction for the property division in NC as well?

Hi IVY, sorry for the delay to reply you; I was waiting for Janet. Retired pay earned during the marriage is a marital property in most states including NC. The length of the marriage does not matter to divide it, but it does to DFAS if I want a direct deposit; it should be over 10 years.


#4

DFAS will not garnish retired pay unless there is ten years of marriage concurrent with ten years of creditable military service. For a spouse to have full medical care as well as exchange and commissary privileges,she must have 20 years of marriage concurrent with 20 years of military service.
You’re right - I was thinking on the DFAS-side of the house.

As I was reading some related info, I came across a little nugget that apparently not everyone knows about… You still have to pay taxes on the money you receive from any retirement pay you’re entitled to through a divorce settlement. Even though you will receive a portion of the after-tax pay, it taxed again upon distribution to you (via claiming the income on your tax returns). I was pretty surprised by that!


#5

If you live in the state of North Carolina for six months you have established residency here and you or your Husband could file. If your Husband is active duty military and is currently on deployment you cannot file until he returns. If you are seeking a portion of his military retirement you must deal with the issue of equitable distribution before the divorce is finalized, if you do not you are waiting your rights to a portion of his retirement. You are also waiving your right to seek alimony.

Remember that the military requirements are not the same as the state law and you may be entitled to more support than the military requires him to give you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

My husband is in military, and we are in overseas. We tried to form a separation agreement but could not. Now I am moving to NC with school age children without an agreement. During a separation, he only requires to pay us about $1,000 a month. I have no family nor friends (please do not ask why we are coming to NC at this point), and I intend to get a job right away.

I will have him file a divorce once I establish the residency. My understanding about military retired pay is that I won’t be able to get it unless he consents to NC jurisdiction since he is not a NC resident.

My questions are 1)am I able to get a backpay on child support and spousal support at some point later? 2)how can I have him consent the jurisdiction if I file?

Thanks!!