My question involves a marriage in the state of: California
Getting divorce in 2000 his ex wife my husband signed up The Settlement marital agreement there is a phrase: 100% of military retirement property shall go to Wife. No limited in time.
They never had children< she has no disability. Last 8 years she worked. She has her own house and good income
He paid her 100% of his retirement pension more than 6 years. In 2006 he had moved to another country, married me, in 2007 our daughter was born, he had reduced payments to her, but paid not less than half. We lived all this years overseas. He did not work. I did. Now we are back in U.S.
Ex wife brought a suit against him demanding all money for 6 years. I have no job so my husband does. We have a child. No any estate. Does any justice exist about such issue? How does it possible to garnish only income we have? I am russian lawyer and there are in Russia it is so easy to void such stupid agreement as that he signed.(But american lawyers said -NO, it is impossible now -too late. So If you did one mistake to settle such agreement you should pay all your life) Here is a question: Will a judge take in consideration facts 1) my husband does not work (he would like but it is so difficult to find a job in his age), 2)he has his own child to support, 3)he has a wife to take care of because I am jobless too??? I will be extremely grateful for any answer