Hello,

Here is my question to the forum. Have been divorced a bit over 9 yrs now. We agreed on a certain amount of child support which was approved by the court and that she would not be entitled to any of my military retirement. Every now and then the ex will bring up (when she is mad at me) that she can go back to court and receive back child support for the difference she is receiving vice what the state would have mandated at the time of the divorce and in addition ask for some of my retirement. Can she actually get the difference between what could have been (dollars) and what was (dollars) back dated and some retirement post divorce.

Background: I have always been on time with child support and have never missed a paymenet. Married 6 1/2 yrs, I was military during that time. Retired 8 years after divorce.

Hope to hear your opinions. Thanks

Mike

Hello,

Here is my question to the forum. Have been divorced a bit over 9 yrs now. We agreed on a certain amount of child support which was approved by the court and that she would not be entitled to any of my military retirement. Every now and then the ex will bring up (when she is mad at me) that she can go back to court and receive back child support for the difference she is receiving vice what the state would have mandated at the time of the divorce and in addition ask for some of my retirement. Can she actually get the difference between what could have been (dollars) and what was (dollars) back dated and some retirement post divorce.

Background: I have always been on time with child support and have never missed a paymenet. Married 6 1/2 yrs, I was military during that time. Retired 8 years after divorce.

Hope to hear your opinions. Thanks

Mike 1) The fact that the court approved the amount of child support then they also believe that it was reasonable support for the children and there would be no back child support. However, she could file for a modification and ask for more child support from this point on.

2) Being a divorcee of a military member, your ex is pulling your strings. She has to have been married to you for half of your career in order to be eligible for any of your retirement.

She's just mad! ;)

Probably not. Too much time has passed. It does not sound like you were hiding assets, so probably just a threat to make you get upset. She can file for modification, but if you are retired, the income you have is fixed, so there are not really any changed circumstances, and only just periodic review. But if you are retired with stable income, I see no reason even for that to happen.

Thanks guys. Pretty much thought that was the case but it just irks me sometimes as I have been nothing but supportive to my daughter.

Thanks again.

Mike

Thanks guys. Pretty much thought that was the case but it just irks me sometimes as I have been nothing but supportive to my daughter.

Thanks again.

Mike

Go to the library and look in Black's Law Dictionary (or on-line) and look up the doctrine of laches, if she ever does actually try to get more money you can use laches as a defense.

Don't let her get to you, she may believe what she's threatening, but she has virtually no chance of getting anywhere with it. :)