Active Duty Ex-Spouse in Breach of Divorce Decree

**misspinkrebel** · 03-23-2011, 04:45 AM

My question involves divorce in the State of: Nevada

In 2009 my ex-husband and I were divorced and in the decree, he was ordered to pay an AAFES charge card of the amount of 5500.00. Today, I get a letter from them telling me they are going to garnish my disability for the amount of 8800.00.

I already have to file bankruptcy because he defaulted on the mortgage that he was awarded in the divorce as well, however, my bankruptcy was discharged in 2005 so I still have to wait before I can file.

He's Active Duty Navy and I'm not quite sure that a letter to his commander stating that he's in breech of contract (or divorce decree) will totally do the trick here. I'm going to be fighting in court over something he agreed to, meanwhile AAFES will be taking money from me and my household which include his children. That seems more than unfair to me and I am not taking this one lying down.

Suggestions from the gallery how to go about this?

**mittens** · 03-23-2011, 09:47 AM

If you call the legal office and tell them what is happening, do some paperwork, they will probably start garnishing his pay. The military takes a poor view of their service members shirking their financial obligations.

**antrc170** · 03-23-2011, 10:29 AM

Inform his command, the base judge advocate, and the legal services. Also send a certified letter to AAFES with a copy of the decree showing that your ex is responsible for the debt.