My ex- husband has just retired. In my divorce decree I am eligible for a percentage of his retirement(usfspa). He divorced me from Colorado, but I live in Wisconsin. Can I initiate the proceeding from Wisconsin, or do I have to find a lawyer in Colorado?
State/Country relating to question: Wisconsin
I am a licensed attorney and am happy to help you with this.I have some good news, so long as you were married for at least 10 years while your ex performed at least 10 years of military service credited to his Retirement. If so, then this will be a much easier process than you were probably expecting. The Uniformed Services Former Spouses' Protection Act (the Act), 10 U.S.C. 1408, allows states to distribute portions of retirement to spouses during the divorce proceedings, as in your case. The great part about it is that it also contains provisions to enforce these awards through the Department of Defense, instead of having to go back to state court.In order to apply for payments under the Act, a completed application the form* signed by you together with a certified copy of the court order should be served either personally or by facsimile or by mail, upon the:Defense Finance and Accounting ServiceCleveland Center, Code LPO Box 998002Cleveland, OhioNNN-NN-NNNN(NNN) NNN-NNNN(Customer Service)*Below is the web address to the form:http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2293.pdfIf your Marriage date is not in the divorce court order, then you must also submit a photocopy of your marriage certificate.Please note that time is of the essence. You should begin receiving payments within 90 days of submitting the form. However, this enforcement will only cover future payments. Therefore, if he retired in January, but you do not submit the form until August, the payments that you should have received since January until up to 90 days after the date that the form is received by DFAS, will not be paid to you. In that case, you would have to enforce those arrears in the Colorado state court that adjudicated your divorce.I know this was a lot of info, but I wanted to make sure to adequately prepare you!If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.Thank you,Joe
I can answer military law questions.
great info, but i was at the understanding that I need a percentage. In my divorce decree is says " retirement of father from the military, at which time Mother would begin collecting her share of father's military retirement". But on the form it wants a dollar amount or a percentage. So my question stands that if I need a percentage, does the court do that?
Relist: Other. i was very satisfied with answer but need additional information. On the divorce decree it does not list a percentage. I need a percentage in order to fill out form. To get the percentage do I have to go back to court, and if so do I have to go through Colorado court system? Or can I do that from where I live?
I am so sorry I did not reply to you earlier. I somehow did not see that email. Thank you for the previous feedback!
Unfortunately, you will have to petition the Colorado court that handled your divorce to clarify the order by providing an exact percentage or dollar amount in the order for it to be enforceable. For example it could say, "50% of retirement pay shall go to Wife."
I hope that helps! If you need any additional information, please ask. If 100% satisfied, please rate me! Thank you and I wish you the best of luck.
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