Owings Mills, MD asked in Divorce and Family Law for Maryland

Q: (Maryland) I have not received an increase in my ex-husband's pension since it began in 1997. What are my legal options?

As part of my divorce, my ex-husband agreed and was part of the judge's decree, that he would pay me 10% of his military pension until one of us died. This took effect in 1997, however, I have not received an increase since then. (He sends the monthly check directly to me; it is not through the government.) Should an increase be enforced? Should previous years' payment increases be retroactively collected? How should I go about, and do I have the authority, to determine what he currently receives? Furthermore, can I legally be paid retroactively for the increases he has received and I have not?

Thank you.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: If you were married at least ten years during the time that your ex was in the military, then you can get the pension award issued in the form of a special court order served on the military to receive direct (and retroactive) payment of what you are owed. Either way you will need to file a motion in court to determine the correct amount and subpoena records to establish what you should have been and should be receiving.

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