Uniform Former Spouse Act


#1

Are there any cases in the North Carolina appellate system in which the Appeal court overturned the lower courts decision on military retirement for the following reasons:

  1. Less than 10 years of marriage (only 4 in this case)
  2. Non-uniform spouse refusal to pay any debts awarded in ED(awarded all of them), attorney told her to just file bankruptcy to get out of it(have that documented) and will still get military retirement from uniform spouse.
  3. Lying under oath about wages/retirement of non-uniform spouse-have documented proof
  4. Violating other court orders related to the case
  5. judge did not consider in ED judgment any payments made by uniform spouse toward marital debt for 2 years before ED hearing while non-uniform spouse made no contribution to marital debt but sold marital property

Specifically, was hoping that on appeal which we are probably going to do the court would reverse the awarding of military retirement due to non-military spouse non-compliance with court ED orders and above mentioned items.

Any guidance would be greatly appreciated. Specific cases would be fabulous!


#2

That question is beyond the scope of this forum as it would require that I do hours of legal research to pinpoint any cases that are on target with your facts. If you are appealing your case, you should consult with an appellate attorney to discuss which issues in your case are appealable and why.