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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33101
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Divorced to a US Navy since 10/1995, was married to him 21

Customer Question

Divorced to a US Navy since 10/1995, was married to him 21 yrs to the final, with over 10 years married to him and 12 years in US Navy service, court retained jurisdiction of his military pension by % for my share when he start receiving Military pension, he was at the time of the divorce in disability for depression having at that time 16.5 military service. he is now over 64 yrs old and I am 62, I recently just filed a retirement, is there a portion by % of his Military pension I am entitled to? per my divorce decree my entitlement has been stipulated when he start receiving the portion of the Military pension, i recently faced the family court about the judgment of his pension but nothing happened, he did not show up had called the court saying he is going to hire an attorney and now it is rescheduled to proceed, can you tell me my rights to received certain % of his Military pension?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details. You mentioned divorce; did your decree of divorce specify a percentage of his pension for you? If not, why not?
Customer: replied 1 year ago.
He was on a Disability pension at the time due to his depression and he was not on a regular retirement from the Military, so the court retained the jurisdiction to determined my portion of his Military pension when he reaches to retirement age of which the earliest is 62 years old, he is now over 64 years old and I filed a motion for the judgment of my portion of his Military retirement
Expert:  P. Simmons replied 1 year ago.
Thank you The law that applies can be found in title 10 U.S. Code section 1408. This law allows the divorce court to divide a military pension HOWEVER it does not specify a percentage. That is up to the court. The court can award any percentage from 0% to 50%. They will base it on the length of marriage, the length of service and other factors. If he has a lawyer it would be a good idea that you bring one to the court as well, one with experience in division of pensions in divorce. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
I would like to know what are my chances of receiving a fair portion of his Military pension? is the Military can continue paying him Disability pension and never get it converted to a regular Military Retirement benefits? what are the earliest age for the disable person to convert his disability benefits to a regular military retirement payments? or is the military can pay him part disability and retirement payments till he dies?
Expert:  P. Simmons replied 1 year ago.
Depends....what is his disability rating percentage? Do you know?
Customer: replied 1 year ago.
No clue, he will not cooperate of giving that info to me, I know for a fact that he was using suicidal state of his mind to get out of the Navy, that he was not at all disable in that manner and now he is fighting my rights for me not to get a dime from his Military pension I just don't know if forever he will be on Disability payments preventing me from receiving my rightful portion.
Expert:  P. Simmons replied 1 year ago.
Thanks. This is where hiring an attorney can assist. depending on how his disability is rated it may be he actually receiving full retirement pay and disability. A lawyer can help you subpoena the documents to determine this. The other thing a lawyer can help you with is requesting the court order support in lieu of division of retirement pay. While it is true the divorce court can not divide military disability compensation the court can consider that income and award you spousal support because of that. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
additionally, my hearing report of which i did not receive a copy of it till July 17th when the family court facilitator helping me, upon reading this report which took place on 9-4-1998 but filed and stamped dated 10-9-1998 saying that my then Attorney was present with me when in fact HE WAS NOT, I was alone without him representing me in court, the judge, the petitioner and his atty were the only ones talking at the time, nothing was explained to me whatsoever, I only being there, I find this a discrepancies with intend to fraud, robbing me of my rights.
Expert:  P. Simmons replied 1 year ago.
Sorry, I'm not sure I understand your question. Would it help to chat on the phone? I sent the offer for a nominal fee.
Customer: replied 1 year ago.
my question is do I have a case to file a lawsuit against the Petitioner, his atty and my atty too?
Expert:  P. Simmons replied 1 year ago.
Ma'am there is no way for me to answer that question based on the information you have provided. I will opt out and allow someone else to assist you. I wish you the best of luck.
Customer: replied 1 year ago.
I have already paid this sight to chat with you in the amount of 54.00, I am retired and has no extra income, I wish I could afford to talk to you on the telephone.
Expert:  P. Simmons replied 1 year ago.
I understand. Five dollars is the lowest amount they will allow me to charge for a phone call. I would do it for free if they allowed. Again, the question you're asking depends on many factors and I'm not sure I can fully answer it based on the information you have provided; for this reason I have opted out allowing other professionals to weigh in if they can. I wish you the best of luck through this.

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