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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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I got a divorce in 2005 and after being married for 24 years

Customer Question

I got a divorce in 2005 and after being married for 24 years I trusted her since we both agreed to a divorce that one Attorney would be good enough but now I find out that it is PRO-Ex Wife. I thought everything I agreed to by law. Alimony, Army retirement, Life Insurance, I am retired now and I want to make sure she only gets the FORMULA according to DFAS Regulations, not 42% like my retirement states. I was seperated from her for four years, as a CPT, married to her for 18 years while I was in the Military and retired as a Major. She shouldn't be getting 42% of my retirement. I hope you can give me some good advice on what I can do.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • What does the divorce judgment state as far as the retirement account?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

Customer: replied 2 years ago.
I am writing for behalf of my Husband, this is his current wife, Yvette. It states upon husband's retirement from the United States Army, wife shall recieve a monthly percentage share of Husband's retired/retainer pay from the United States Army. Said award shall be in accordance with and constructed by the Uniformed Services Former Spouses Protection Act of Sept 8, 1982(Public Law 97-252). Wife's monthly share is forty-two percent(42%) of Husband's monthly gross military retired/retainer pay. I don't know what Public Law 97-252 states. ??
Expert:  Joseph replied 2 years ago.
So the judgment states that the former wife is to receive 42%, correct?
Customer: replied 2 years ago.
Yes.
Expert:  Joseph replied 2 years ago.

If the judgment provides a certain amount of pay-out to the former wife, then that is how she will be paid. While the regulations may provide some direction, the may be superseded by a specific court order, such as the divorce judgment.

 

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.

No way to FIGHT it even if DFAS requires Divorce Decree to be modified due to them wanting it in Formula Format? The retirement services told us they are "rejecting" divorce decrees due to their regulations.

Expert:  Joseph replied 2 years ago.

DFAS would only be rejecting the document based on the formula used. However, the former wife's attorney should be able to amend the document to fit the requirements of both DFAS and the judgment.

 

And no, there is no compelling avenue to pursue to "fight" this matter. As it was from so long ago (about 7 years), your husband has no ability to appeal or seek any similar such relief at this time. Sorry.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Okay. THANK YOU for your help. We will definetly be requesting you in the future.
Expert:  Joseph replied 2 years ago.
Thank you very much! Best of luck to you and your husband!

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