Legal Question in Family Law in California
Hello I am a petitioner in a divorce case from my active duty military spouse....I was awarded spousal support by a judge on April 11, 2012 and the payments were to start on 04/20/12 and the arrears payments for 1/2 of Feb and all of March were to start on 05/01/12 in the amt of $500.00 I received $500.00 on April 17, 2012 and to this day that is all I have received.
My attorney was awarded $1000. which she has been paid $500.00 on 04/17/12 and $500.00 on 05/1/12. she tells me there's nothing she can do to pursue my awarded payments which are in arrears today. I thought we could go back before the judge and advise him that he is contempt of court. so what can I do to try to obtain my funds.
2 Answers from Attorneys
You can obtain a wage assignment and you will be paid directly by DFAS. You can also bring a contempt action which should cause him to move to clear the matter before it affects his military status. Finally, I have had some clients contact the CO and advise that he is not supporting his family.
As a former officer who served in the United States Navy, and now a lawyer, I agree with Mr. McCrary's response. You may want to call DFAS in Cleveland to find out what paperwork they need to get a direct wage assignment.
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