Legal Question in Military Law in California

Do I have to sign the "Order on Division of Military Retirement" that was email from my ex-wife's lawyer? She threaten me to sign it within 2 weeks or she will impose lawyer's fees.

Asked on 1/10/13, 7:34 pm

1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

Sir you're question is actually a family law question. If you're home state is New York and you're just passing through California on an assignment the CA Court wouldn't have jurisdiction on you. But I will presume you've probably already consented to the court's jurisdiction because it sounds like the judgment has already been made and you probably never objected to the Court's jurisdiction if you were just on assignment here.

If so, the CA state court can order the division of your military retirement but it cannot actually order the DFAS to pay her which is why the order was presented to you. Note there ought to be an order of direct payment thereof as well. You've probably already got notice of the judgment? Well if you don't sign the document you'll violate a court order and then they will merely order you to pay her directly. Thus yes if you refuse you could get sanctioned and ordered to pay attorney fees.

Contact a local attorney for further help.

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Answered on 1/10/13, 8:10 pm

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