Retirement Rights

I have been divorced for 14 years.  In my Divorce Decree, it is stated that my ex-husband is to pay me a certain percentage of his retirement funds.  He Retired from the U.S. Navy.  We were married for 9 years before divorcing.  He has been receiving Retirement funds since November of 2006.  I was unaware of his retirement due to the fact that he has denied to me that he has been receiving any Retirement funds.  I know that I am entitled to this retirement in the court of law.  How & what do I need to do to in order to have him keep his part of this obligation?  Please advise. Thank you

You may need a QDRO and you probably need to haul him back into family court on contempt of court charges.

Unfortunately, I don't think DFAS will garnish the retirement pay because your marriage did not last ten years.  Perhaps someone who understands the military system can provide more or better info.

Laymans take:

You may have blown some safeguards--The military uses a special variation of a QDRO called a MCO and apparently unless the MCO is filed within 1 year of the divorce and it has rather  current seal/court stamps on it the Military system is NOT required to honor said order.

That may mean you need to do it the hard way--and go back to your order , read the fine print, and if it says say EX is to give you 30% --you need to drag him back to court and get him ordered to turn over 30%--and I'd want it retroactive, plus interest and with costs/sanctions awarded to me.

And this may NOT lock you in for survivors benefits if he predeceases you.

Some of the steps as to military pensions  may not have been in place 14 years ago, and how that fits is way beyond me. I don't know if there is a 10 year rule.

My guess is you need two steps--to hold his feet to fire in court to turn over whatever  was /is required by order  and if there is no rule to the contrary as to say 10 year, get a new order  in MCO format generated and served.

Much of the information is on line-and I suggest you do a lot of homework--but I suggest you use a paid gladiator to make the points in court!

Apparently there is a 10 year rule--that suggests you won't get a useful MCO but need to focus on getting ALL that is owed you per order out of his hide directly