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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110573
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex wife did not apply for her share of my military pension

Customer Question

My ex wife did not apply for her share of my military pension as in the divorce papers is there a time limit on how long she has to apply? Do I owe her the back payments? Can she lose the pension? She now wants me to pay her taxes on this also. Are there any laws or rules as what I can do legally?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
She had one year from the divorce to file a claim for the pension, since she did not file a claim on the pension within that time the court will not likely grant any request at this time. If the divorce papers stipulated through a Qualified Domestic Relations Order that she was entitled to the portion of the pension and she simply failed to file the QDRO, then she would be entitled to her portion, but you would argue against any back amounts as being barred by the doctrine of laches and docrine of estoppel, claiming that she sat on her rights and failed to exercise them to your prejudice. Additionally, she is liable for any taxes, not you and if you pay her taxes she is liable for claiming that on her taxes as income as well.

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Customer: replied 8 years ago.
<p>Thank you for help in this matter. this does help some. I found that she has to file the QDRO herself and no court can make me do so. However I can not find any place of the time limit that you mentioned. Is this in the FSP act or under some thing else?</p><p>I would like law proofing this, is there one?</p><p> </p>
Expert:  Law Educator, Esq. replied 8 years ago.
I am sorry, I was looking at something else on the time limits, under USFSPA, there are no time limits for her to make her claim. I am really sorry for any confusion or false hope I caused by my error.
Customer: replied 8 years ago.
Well you had me dreaming, but I understand we are all human you found the same thing I had. Maybe somone should have a time limit set on this matter. I do not however have a clue how. Maybe there is a lawer out there some place that may. smiles. Thank you anyways for your help and I will keep looking for more myself.
Expert:  Law Educator, Esq. replied 8 years ago.
You would need a congressional change to USFSPA to get that done. Start in on your congressmen to make it happen, it is an election year.

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