Posted on Apr 25, 2020
Am I still accountable to a UCMJ decree after retirement?
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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.
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.
Posted in these groups: 
UCMJ
UCMJ
Posted >1 y ago
Responses: 9
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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.
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You signed. I'm not sure why you're being retired would exempt you for your agreement.
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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.
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SFC Jeremy Boyd
More specifically Article 2(a)(4) and (5) details that retirees are subject to UCMJ. (a)(4) covers retirees of an active component that draw retired pay, and (a)(5) covers retirees of a reserve component that are receiving hospitalization from an armed force.
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SFC Jeremy Boyd
Regarding the specifics of the decree, I'd recommend reaching out to a current or former JAG lawyer on RP. I'm not sure if you can edit the thread by adding a JAG group tag like you did with UCMJ, but I'd try.
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