Am I still accountable to a UCMJ decree after retirement?

SSgt Ryan Van Cleave — Sat, 25 Apr 2020 11:46:06 -0400

In 2012 I signed a notarized UCMJ document on the McGuire AFB, agreeing to pay my expenses-wife child support upon them relocating with her at a later date. The decree specifically says that I will pay a certain sum while the children are in her possession but she will not pay me when they are with me. In 2014 the children came to live with me and my wife in Tennessee. I officially medically retired in July 2014.
A 2018 judgment determined that the children have been in my primary custody since that time and that I am and have been primary caretaker since then. When I tried to request child support several months ago, the defendant’s counsel produced this paper and declared that child pay should start after I pay his client backpay for the child I stopped paying in 2014. (Essentially claiming that I should have been paying her this sum every time she had them for breaks and vacations)
Am I still accountable to this document despite retiring and despite a clear judgment supporting the fact that I have been the primary custodian since 2014.

Response by SFC Jeremy Boyd made Apr 25 at 2020 11:50 AM

SFC Jeremy Boyd — Sat, 25 Apr 2020 11:50:11 -0400

I can't speak to the legality of the decree itself or if that particular document can be enforced, however all military retirees are still subject to UCMJ.

Response by Lt Col Jim Coe made Apr 25 at 2020 12:52 PM

Lt Col Jim Coe — Sat, 25 Apr 2020 12:52:23 -0400

Yes, you can be subject to the UCMJ after retirement as long as you accept military retirement pay. This looks like a civil matter. How much money are we really talking about? If ex-spouse incurs travel expenses to pick up/drop off children, how much is it? I can see it being a big deal if she's flying across the US to pick up the children, travel back to her home, and then return the children sometime later. If it's simply driving a few miles--even a hundred miles--at something like 55 cents/mile maybe it's simpler to pay the money and let it go. Anyway, you need your lawyer to sort this out.

Response by Capt Gregory Prickett made Apr 25 at 2020 12:56 PM

Capt Gregory Prickett — Sat, 25 Apr 2020 12:56:45 -0400

What state is the child support order from, not a military order, but the order from the civil court? Second, did you go back to court to modify the order when you received primary custody? If not, you will likely be liable for any arrearage.

You don't need to talk to people here, though, you need to hire an attorney.

Response by SFC Ralph E Kelley made Apr 25 at 2020 4:20 PM

SFC Ralph E Kelley — Sat, 25 Apr 2020 16:20:55 -0400

You signed. I'm not sure why you're being retired would exempt you for your agreement.

Response by SPC(P) Brandon Jenkins made Apr 25 at 2020 4:46 PM

SPC(P) Brandon Jenkins — Sat, 25 Apr 2020 16:46:43 -0400

My research states that the Air Force is 20 years and you're done (no retainer pay; no fleet/reserve). This is the same with Army and Coast Guard. This rule generally applies to Marine Corps and Navy, as it is also different in that 30 years is the needed minimum to qualify for regular retirement (not subject to UCMJ), according to my research. I included a pic with the link.

Response by SPC(P) Brandon Jenkins made Apr 25 at 2020 4:55 PM

SPC(P) Brandon Jenkins — Sat, 25 Apr 2020 16:55:19 -0400

And then there's this: so apparently I am wrong and retirees, in general, are subject to UCMJ. Not sure what that last source was referring to then.

Response by MSgt Steven Holt, NRP, CCEMT-P made Apr 25 at 2020 6:25 PM

MSgt Steven Holt, NRP, CCEMT-P — Sat, 25 Apr 2020 18:25:47 -0400

1st - Get an attorney, a GOOD one (not a $10/hr type).
2nd - Pose your questions to him/her instead of this forum. They will be able to advise you much better than we can.
3rd - For sake of argument.... Did you have a Court Order signed and properly recorded by a judge and court clerk? If not, you have an agreement, not an order. Either way, orders and agreements can (and often are) changed and amended all the time. Your attorney can assist with choosing the best course of action.

Response by SSgt Christophe Murphy made Apr 25 at 2020 10:00 PM

SSgt Christophe Murphy — Sat, 25 Apr 2020 22:00:11 -0400

I would recommend getting legal advice instead of what we provide here.

As a civilian you are subject to what the courts direct you to pay. As an active military member it’s different but you haven’t been AD since 2014 which is when this app changed. You are still subject to the UCMJ but I don’t think that is applicable in this matter but again legal aid is needed

Response by 1SG Dennis Hicks made Apr 26 at 2020 9:07 AM

1SG Dennis Hicks — Sun, 26 Apr 2020 09:07:43 -0400

While IANAL I will say this Uncle Sam owns all us Retirees, we are on a rather long leash. As has already been stated it is in your very best interest to obtain legal counsel/representation from someone very familiar with your issues sooner rather than later. I have witnessed and received special attention from the legal system and it sis not a kind, fair or pleasant experience.

Response by LTC Private RallyPoint Member made Apr 26 at 2020 2:59 PM

LTC Private RallyPoint Member — Sun, 26 Apr 2020 14:59:34 -0400

The UCMJ does not apply to your agreement, you and your ex made an agreement and had it notarized. THat's it. You can have a court order done at any time to change it.