Harker Heights, TX asked in Divorce, Appeals / Appellate Law and Military Law for Texas

Q: Is it unethical to request a statement from an ex-husband's lawyer?

I am pro se appellee. My ex-husband is appealing the judgement against him to pay what was suppose to be military retirement, but the ex opted for disability pay. Divorce Decree did not allow him to change or stop payment when he was eligible to receive retirement. Judge did not order him to pay me with disability pay, just to honor what both of us agreed per our divorce decree. He has been receiving 24% monthly of my military retirement

since 2009, but since his retirement 2013, I have received nothing. My ex-husbands 1st & 2d lawyer petition the court to not represent him and now up to his 4th lawyer that is representing him for this current appeal. I understand the law reference disability pay and that courts can not include this pay as community property for a divorce. I am also a 90% disabled Vet, but was not in a combat situation.

1 Lawyer Answer
Robert Donald Gifford II
Robert Donald Gifford II
  • Appeals & Appellate Lawyer
  • Oklahoma City, OK

A: Your ex-husband's lawyer will likely not assist, and may be concerned about violating an attorney/client privilege or other professional responsibility obligations.

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