Legal Question in Military Law in California

Military Retirement

My sister was married for 17 years to a Marine, who was enlisted during the entire marriage. They had three children,who are now young adults. He gave her $1,000 a month presumably for child support. He retired at the rank of Sgt. Maj. after 30 years, and continued to bring her $1,000 every month, even after the kids were past 18. She says that the money is rightfully hers because she is due a certain portion of his retirement. He has now remarried, and although he continues to bring the money, she wonders what will happen if he passes away. What kind of legal recourse would she have to continue to receive the money, since he physically delivers it instead of it being mailed to her in some legitimate manner. What kind of attorney could assure her of the continuity of these payments. Thank you for your advice.


Asked on 6/19/03, 11:25 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Military Retirement

It would depend a great deal on what the original decree of divorce stated. Also, if the divorce decree provided for a qualified domestic relations order, that could be used to compel the military to pay the money directly to your sister, under certain conditions.

I would agree with the other attorney who suggested you talk to an attorney dealing in domestic law to get an opinion and take appropriate action. Obviously if the man delivers the money personally, if something happens to him, your sister would have her source of funds imperiled.

Good luck.

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Answered on 6/20/03, 10:24 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Military Retirement

based on the information given so far, it appears that a family law attorney would be the logical choice in pursuing any support and/or community property issues present. if you would like further assistance in this matter, feel free to email me directly.

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Answered on 6/20/03, 3:51 am


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