questions & answers

Question: I am a retired military member, divorced. Under the terms of the divorce decree (modifiable) my ex receives a percentage of my military retirement pay, plus a spousal support payment. My Veteran's Administration disability rating was recently increased, which will have the effect of her net retirement payment being decreased. Will this give her grounds to request a modification to cover the difference? Can I expect any protection under ARS 25-318.01(3)?

Answer: A.R.S. §25-318.01(3) does state that the court shall not consider federal disability pay. But that does not mean the court shall not consider the retirement pay. However, under A.R.S. §25-327 it states the provision of the decree regarding maintenance of support may be modified only on a showing of changed circumstances that are substantial and continuing. The court has discretion whether to consider a modification based on A.R.S. §25-327. If you have additional concerns, please consult a family law attorney.