Thanks for the chance to help. I am an attorney with over 12 years military law experience.
The restrictions are contained in the FSPA. You can see that at 10 usc 1408.
What is your reference to "some restrictions"...are you getting this from some website?
Yes - a website. Trying to decide if I have any chance in fighting this in Court. I understand that the VA portion of his pension is nondisposable. I am being sued over 6k to reimburse him. Should he be suing me personally or should I have been contacted by the government? I guess my original question is - are there any times that the disability part of the pension can be part of equitable distribution? Would our signed agreement have any bearing?
DFAS pays me directly. He has filed a petition for contempt equitable distribution stating I have been overpaid by DFAS. In summary he states - the court order awarded me a portion of his retirement benefit pursuant to USFSPA. I was overpaid by DFAS from October of 2005 because the VA took over 7 years to complete his disability determination. He includes many spreadsheets which he prepared that shows his VA disability increasing from 10% in 2006 to 40% in 2012.
Does our signed document, which I just learned my lawyer never filed in court, have any merit?
Total he is suing me is actually over $7,500, and of course my monthly pension payment has decreased based on his disability.
Separate issue - I suspect that his claimed disability is fraudulent. He states back and shoulder injury, yet he is very physically active and ranks as top bowler in his state. He threatened me during our divorce stating I would never get a penny of his pension. That is why I requested the document be signed.
He filed himself in Common Pleas Court. He filed without an Attorney. Since our divorce was finalized we represent ourselves without lawyers. I will be meeting with a local attorney and going to hearing represented this time. This is a significant amount of money and I need help with this matter.
Thank you for your expert advice. It has been an "uphill battle" since we separated over 15 years ago.
My portion of his pension was used as income that modified the child support I received and my filed federal tax return. Can those factors be used to "adjust" the amount I owe him?
Thanks again - silly me for thinking I was done with this mess once we signed the divorce papers.
best of luck in this fight. Phil
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).