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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27135
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello, I have not heard from DFAS as of this date. My ex-husband

Resolved Question:

Hello, I have not heard from DFAS as of this date. My ex-husband called me to arrange a payment on his own while we are waiting from DFAS. He said his retirement pay is $1600 per month. He wants to give me $400, and this will be the first payment which have been done way pay OCT. 1, 1987. Should I accept this? This amount is not 33.3% of his pay. Please give me more advice on this issue.
He still owes me a lot of money, that I will need an attorney, because he won't pay on his own, reason, he said he do not have the money. But I have to pursue this to court to receive the money he should've sent long time ago.
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.

I agree...400 is not 33% of 1600...but is there any reason not to accept his money while you pursue DFAS enforcement?
Customer: replied 1 year ago.

Because of the previous violence that he have done for me and my children, I am hesitant to give him my address. He is also married and have a lot of violent friends.


And another reason, he should be sending me what the court have ordered. He just informed me also that he always have the copy of the court order and he did not follow thru it. But before he said he has not seen that order.


 


Should I contact my attorney now since I need an attorney to represent me to collect the unpaid money?


 

Expert:  P. Simmons replied 1 year ago.
Ma'am you have a few different issues all going on at the same time...let me see if I can address them separately

1. What you describe, it sounds like you have a court order, from the divorce, that orders he pay 33% of his retired pay to you. If your marriage was 10 years or more that overlap his active service, then this court order will allow DFAS to garnish his pay

This is what you want...you want that direct payment, since it comes directly from DFAS to you...no need to worry about what he does or does not do.

I understand you are working with DFAS...and that they are moving slower than perhaps they should.

I would contact your congressional representative...this is within their role to help you...they can contact DFAS and ask what the hold up is...and I bet they can sort this out and get DFAS to do their job.

If you have a lawyer you can also ask them to contact DFAS...but if you are paying them by the hour, that simply increases your bill...so I would go to my senator or congressman first


2. He owes you money for all the months from the month he retired to today.

You can sue him and get the court to order he pay that money.

This is true regardless of if he starts to pay you now some or all of what he owes.

So you have some leverage...

If he is offering to pay? I would take it.

If you are worried about your address, get a PO box from the post office and have the checks sent there...or have him pay you via paypal or some other electronic service (instant and secure)

Just because he starts to pay you will not stop you from enforcing the entire amount he owed to the court or from asking DFAS to pay you direct


So you can do both...you can keep on DFAS to get them to start to pay you direct, you can take the money he sends you...and you can sue him for the money he owes you


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27135
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Atty.PSimmons, DFAS once again have not replied to my request re: former spouse right to retirement benefit.


I called them again and they again told me to sent the papers to their legal dept. The DDForm 2293 specified where to send the documents and I did that along with the other requested documents. Still I did not get any reply. Is this legal in their part.


What should I do now?


can you help me in this case since you are a military attorney before?


I need an attorney like you to represent me.

Expert:  P. Simmons replied 1 year ago.
Ma'am have you contacted your congressional representative yet? If so what was the response?
Customer: replied 1 year ago.

They will send authorization form for me to sign first. And send them all the documents for them to review. Last time I needed their help it took almost 2 years for them to finished my case with an unfavorable results.


 


Its a different case, not military.


 


can you help me in any way you can, please!

Expert:  P. Simmons replied 1 year ago.
Ma'am, the rules of this website prohibit me from personal representation...so I can not represent you

I am limited to providing information.

I understand DFAS is not responding to you properly...so I am trying to gather information to best help you understand what to do next.

Have you tried to contact your congressman over this?
Customer: replied 1 year ago.

I called the number to DFAS today, they said that they did not receive the paper work but last time on May 20 when I spoke to someone he said he will send to garnishment and for me to wait 30 days which is June 20.


I have to re-send all certified documents all over again. Need to go to court to get copies certified by the court. I do not have any choice but to do this again. My ex-husband do not want to send a request to DFAS


to speed the process.


 


I already sent request to the congressman office. The case will be transfer to another person. I also have to wait for their decision.


 


I am so sorry that you can not help me.


 


How long do I have to wait for the congressman help? Can they do anything to help me with this case?


 

Expert:  P. Simmons replied 1 year ago.
Ma'am I am sorry that this has drug on as long as it has.

It is a sad commentary on this system (DFAS)

I recommend you contact your congressional representative. Your local congressman.

They will have an aid that deals with veterans issues...that is the person you want to speak to.

This is something that can be fixed. It should have been fixed long ago. And I believe a congressional inquiry will get it straightened out in a matter of weeks

You can hire a lawyer...and they can file suit to force DFAS to do their job. That can work....but it will cost in time and money. You would have to file suit in federal court...so you would have to pay a lawyer, or find one who will work for no fee.

So if you can bypass that cost (in time and money) you are better off.

Contract your congressional representative and ask for help...they are paid for just this purpose.



P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27135
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you

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P. Simmons
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.