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A qualified Domestic Relation Order Shall Be entered allocating Plaintiff, which is me, one-half of the marital portion of defendent's military retirement benefits in accordance with the Woodward formula, considering defendent's retirement points earned during the marriage. The Domestic Relation Order was filed showing that it is hereby ordered:
Amount to be paid to the Alternate Payee: The Alternate Payee is awarded a percentage of the member's military retired pay, to be computed by multiplying 50% by a fraction, the numberator of which is 1214, representing the number of retirement points earned during the marriage (he was full time Army during our marriage though and I have been told that points are for National Guard Army part time soilders), divided by the member's total number of retirement points earned. (After we were divorced he was hired by the Army National Guard year to year until he got an assignment as a recruiter.)
Time and Manner of Distribution. The benefit payable to the Alternate Payee shall commence on the date this order is implemented. Payment shall be consisitent with teh distribution options available and the therms and conditions of the Fund prevailing at that time.
Participant's Benefits. The participant's benefit under the Fund shall be reduced by the value of the benefit to the Alternate Payee, determined as the date benefit payments are commenced to the Alternate Payee.
Names and Addresses. The name, current mailing address and social security number of the Participant and Alternate Payee are:
which I have updated since this order.
Death. a. Alternate Payee. IF the Alternate Payee dies before she has commenced receiving benefits from the Fund, then to the extent permitted by law, benefits due to the Alternate Payee shall be paid to the Alternate Payee's estate or designated beneficiary. b. Participant. To the extent permitted under the Fund, the Participatn's death shall not affect the Alternate Payee's rights to receive benefits under the Fund.
Additional Provisions. In case of conflict between the terms of this QDRO and the terms of the Fund, the terms of the Fund shall prevail.
The Fund's administrator and the Alternate Payee may modify by written agreement any provison of this QDRO without further court approval as long as teh change has no adverse effect on the Participate. The Fund's administrator may unilaterally modify any term of this QDRO to the extent necessary to comply with applicable law.
All notices to be given or documents to be sent to the Fund's administrator shall be deemed given to teh Fund on the date mailed or hand delivered.
Distributions to the Alternate Payee under this QDRO shall be taxable to the Alternate Payee and not to the Participant.
I had the child support order updated when my second child turned 18 but still was in his senior year of high school because my ex husband tried to say he no longer needed support but the court ordered it in my favor. This was in October or November of 2008. He has since graduated and the child support order amount was changed to reflect the same. So it has almost been two years but there has been a drastic change, that being my son graduating.
My ex has never fought me on the amount he makes financially which I have always had to guess because I believe he knows he is making much more. His current wife has two children from a previous marriage and her ex does not pay child support but I know she has a case through Office of Recovery Services and i'm not sure what she has been paid. Her children are 16 & 13. So when they got married they were approximately 9 and 6. She has not worked consistently full time because according to my ex "it is too hard on her." Her children are old enough that the court should look at it and tell her she is more than capable of working full time and her making minimal should no longer play a pawith my child support. I am a hard worker and work double time and a half, along with my spouse, to support our children. My ex does nothing extra, never has and probably never will! He also also basically stated that "his attorney tells him he only has to pay what is court ordered." and "I am glad you do all that you do for our children but I can't." Maybe he would be able to if his current spouse worked. I believe this should be addressed, as well as him still staying to our youngest that he buys more for her younger sister (child from 2nd wife) because he pays me more in child support. This is a violation of the child support order to discuss any part of the child support with our children.
I am extremely frustrated and have worked so hard at being cordial with my ex. Because I have dragged my feet about going to ORS now I have his current wife upset with me. My oldest is in college and I'm assisting him with that. My second boy just had a baby with his girlfriend and I'm assisting them. So even though I no longer get assistance from their dad and he does not think about assisting them I am still their mother and will do what I can to assist them as they choose to be responsible too. It is my belief once a parent always a parent. So I do what I can, usually it means working harder, to assist where I choose to and am able to. I have 5 children total 4 of the 5 still live at home, as well as my son's girlfriend and their two week old baby.
He will be eligible for retirement in two years and so I want to find out what else I must do to start this benefit so that I can assist my children even though two of them are adults when they deserve. I also want to know if I am eligible for my share once he is eligible to retire even though he might still be working in the military on a second retirement (is that a possibility?). How do I go about find that out as well. Also, when you retire do you only get salary and no longer BAH & BAS and other misc. pay???
Thank you for your assistance with answering some of my questions. As soon as I learn a little more than I can maybe hire an attorney who will assist me with this mess.
Holly J. Ziegenhorn
I believe my ex was the Plaintiff in his 2nd divorce. He has one child with her. They were only married for maybe 3 years (1998 to 2001).
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