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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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I'm not sure if you can help me but maybe if you can't you

Customer Question

Hello. My name is***** not sure if you can help me but maybe if you can't you can lead me in the right direction. My husband and I recently divorced. He is a Lt Col ( pilot) civilian employee and member of the Tn Air National guard. I am having trouble figuring out who to speak with over our settlement. Unfortunately he won't direct me to the correct person.
JA: Are you overseas or stateside?
Customer: We are in the states. Knoxville Tn
JA: Have you talked to anyone in the chain of command about this?
Customer: No because he is pretty far up that chain and is making it very difficult
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I just want to make sure I know what I should and have the right contacts I cannot find my debit card at the moment so I will try back as soon as I locate it
Submitted: 19 days ago.
Category: Military Law
Expert:  P. Simmons replied 19 days ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 19 days ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 19 days ago.
My ex husband is military/ civilian employee in the Tn Airnational Guard in Knoxville Tn. I am having trouble finding who I need to speak to for benefits and getting my 401k/pension information
Expert:  P. Simmons replied 19 days ago.

THanks
In what regard...that is, what is it you are trying to accomplish exactly?

Customer: replied 19 days ago.
I would switch to Calle format but I am struggling where money is concerned aT the moment
Customer: replied 19 days ago.
I apologize my phone is not typing very well
Expert:  P. Simmons replied 19 days ago.

Thanks...what do you mean "calle format". Did your divorce order something that you are trying to enforce? If so what?

Customer: replied 19 days ago.
It's very confusing as far as years of service and points over things such as insurance
Expert:  P. Simmons replied 19 days ago.

I understand...but it is even more confusing for me...

Expert:  P. Simmons replied 19 days ago.

That is, I understand how to divide military benefits...but I do not understand your question...

Customer: replied 19 days ago.
I don't know who I contact for information regarding benefits I'm entitled to. In the divorce decree I get 50% of his 401k and pension. I have no idea who to call. He will not help. I am not sure where the 20/20/20 rule applies because he's guard
Expert:  P. Simmons replied 19 days ago.

How long was your marriage (how many years)? And how many of the years overlapped his service?

Customer: replied 19 days ago.
The last part is basically who to contact for benefits . He says I'm not entitled to any!! As he has been in for 24 years and we have been married 22
Expert:  P. Simmons replied 19 days ago.

DId the court order a portion of his retirement be paid to you (as part of the decree of divorce)?

Customer: replied 19 days ago.
50% of pension and 401k. But I have no contact numbers. He was supposed to give me the info but he doesn't . As far as insurance and base privileges he says I have none
Expert:  P. Simmons replied 19 days ago.

Thank you
Can you tell me, is he drawing military retirement now? Or do you know?

Customer: replied 19 days ago.
No he is not. He is still working. What makes it more confusing is he is a full time civilian employee at the base as well
Customer: replied 19 days ago.
He is just making it very difficult on me regarding any information. Also he is pretty high up in the chain of command so it's hard to speak with anyone at the base
Expert:  P. Simmons replied 19 days ago.

Thanks
You are not eligible to draw his retirement UNTIL he is. SO if he is still working, you have to wait for him to retire before you can begin to receive your share. When he does? Because your marriage was over 10 years DFAS (military pay) will pay you directly.

As for base access, head to the nearest base with a certified copy of the decree of divorce and head to the DEERS office (the office where they do ID cards). They can get you an ID card.

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 19 days ago.
I have an ID card but do you know what insurance benefits would be available
Expert:  P. Simmons replied 19 days ago.

You are eligible for TRICARE AFTER he retires. Not before.

Customer: replied 19 days ago.
Everyone I speak to at the base acts like they are afraid to help because he is high in command
Customer: replied 19 days ago.
the 20/20/20 rule doesn't apply? We had blue cross blue shield for family coverage. Also how do they do the 401k?
Customer: replied 19 days ago.
He is only 46 so what age would he retire
Expert:  P. Simmons replied 19 days ago.

The 20/20 applies...but you get what he gets...if he is not retired yet you have to wait for that before you get tricare...he will retire and reach eligibility when he turns 60.

The 401K you can demand he pay you...if he refuses you can hire a lawyer and sue him for contempt.

Customer: replied 19 days ago.
I am sure this is confusing to you. I'm probably not asking my questions correctly. We didn't have Tricare unless he was on active duty. He is Guard plus a full time civilian employee. Who would I call to direct all these issue to?
Customer: replied 19 days ago.
Insurance etc
Customer: replied 19 days ago.
I already have an attorney. I think they don't totally understand what rules apply nor do they know who to refer me to
Expert:  P. Simmons replied 19 days ago.

The rules for guard retirement are the same...he gets tricare WHEN he retires. NOt before.

I agree...it would be wise to have a lawyer who understand these rules.

Customer: replied 19 days ago.
who would I call to direct me to the right person for benefits and regarding the 401k? I need contact numbers and I seem to not be able to get the right ones. At the base he is at everyone is familiar with him and seems to give me the run around. I need to know who to call and who to ask for reguarding any benefits, 401k amounts /retirement amounts I will be receiving and when. I am lost in contacts that can answer specifically on this
Expert:  P. Simmons replied 19 days ago.

You need to have your lawyer file a motion with the court if he is not paying you his share of the 401K

Customer: replied 19 days ago.
Ok. Thank you
Expert:  P. Simmons replied 19 days ago.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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