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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26321
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was married to a military man for over 13 years and got divorce

Resolved Question:

I was married to a military man for over 13 years and got divorce in 1981. There was a court order that he must pay me 33/13% of his retirement. he retired in 1986. He joined the US Navy in 1966, we got married in 1968, divorce in 1982, and he retired in 1986.
I sent the papers to the US Navy with the court order but they ignored it and never received a reply. We were living in the US Navy housing in California during the divorce and we got divorce in California. What shd I do next?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Under Title 10 US Code, Section 1408, since your marriage was longer than 10 years overlapping his service, DFAS (Defense Finance and Accounting Service) will pay you that 33% directly.

But you mention

I sent the papers to the US Navy with the court order but they ignored it and never received a reply.

That is because the Navy does not handle this...you have to go to DFAS.

You need to send them this form

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2293.pdf

Along with a certified copy of the court order to DFAS and they will garnish the account.

HEre is the address
Cleveland DFAS-HGA/CL
P.O. Box 998002
Cleveland, OhioNNN-NN-NNNN

Phone: 888-DFAS411 (1-888-332-7411)
Fax:(NNN) NNN-NNNN(toll free) (NNN) NNN-NNNN(commercial)



For back pay? DFAS will not give you back pay...but you can file a contempt case in the court that issued the order to get the money he owes you

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26321
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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