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Recent Alimony questions

I've been retired for almost 24 years. My ex wife and I were

I've been retired for almost 24 years. My ex wife and I were married for 13 years while I was in the military. She gets about 24 per cent of my retirement. Why is she entitled to that amount until either I die or she dies. When I was married the first time, in civil***** *****fe, my then wife received alimony for only half the length of the marriage.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to anyone in the chain of command about this?Customer: No, its been 24 years since the divorce and it seems unrealistic that she has received about $600 per month since 1993.JA: Anything else you want the lawyer to know before I connect you?Customer: She had two boys from her previous marriage and they were both over the age of 18 at the time of the divorce.

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P. Simmons

Attorney

Doctoral Degree

38,080 satisfied customers
A friend was divorced from his wife several years ago. he

a friend was divorced from his wife several years ago. he was involuntarily honorably discharged from the service after 18 years. the divorce was final the following month. the papers say she is to receive her portion (Seifert formula = 50%) should he "retire from the service." he did not retire. he was involuntarily discharged. he has, of course, not been paying her anything. he receives a VA disability payment as his source of income. now, several years have passed and he has the opportunity to (possibly) have his discharge corrected to "medical" discharge or "medical" retirement due to injuries sustained while active duty. if he is granted the "medical retirement" will he be compelled to pay her half of the retirement pay and half of the "back pay?"

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P. Simmons

Attorney

Doctoral Degree

38,080 satisfied customers
I'm at a crossroads, and need your advice please. I was just

Hello,I'm at a crossroads, and need your advice please. I was just increased from 20% to 70% disability with the VA. As such, DFAS already has taken 2 steps… 1. Already temporarily adjusted my retiree pay to CRDP, until such time they receive my CRSC vs CRDP preference in writing, or they will automatically choose the “best for me” if they do not receive written notification within 45 days of their letter.… 2. Sent me the letter (rcvd today) asking me to decide which one.I have a Property Settlement Agreement (PSA) on file with DFAS to cover the FSPA, which adds a bit to the confusion on deciding what's “best for me” before DFAS does it for me. A few facts to assist you in guiding me, if I may…Property Settlement Agreement excerpt: “Navy Retirement Account: Wife shall receive 37.5% of Husband's disposable income of this monthly payment that reflects any VA waiver amounts, or any other authorized deductions to arrive at disposable income under DFAS regulations. Husband and Wife agree that Husband shall retain the balance of his Navy retirement pay as set forth herein, and wife agrees to forever waive any and all claims that she has against husband in equitable distribution as to the portion of Husband's Navy retirement pay that she is not receiving pursuant to this agreement.”Current Retiree Account Statement (RAS):Gross $1,700Former Spouse Deduction $637.50Net Pay $991.60CRDP entitlement is $1,338.71Last Month's RAS:Gross $1,700VA Waiver $264.02Former Spouse Deduction $538.49Net Pay $897.49CRSC entitlement is $1,062.27Your thoughts? Many thanks for taking the time to assist me, and others in similar situations that read your forum.Notes (although you know, but to inform others)…DFAS letter states: (a) CRSC is non-taxable and is not subject to the provisions of the FSPA. CRSC payments are subject to garnishments for alimony and child support; (b) CRDP payments are subject to tax withholding and are subject to the provisions of the FSPA and garnishments for alimony and child support.Best regards,Tim

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P. Simmons

Attorney

Doctoral Degree

38,080 satisfied customers
Question about VA disability and divorce. I'm familiar with

Hi, question about VA disability and divorce. I'm familiar with the USFSPA and I realize his VA disability cannot be divided as an asset when settling community property. I believe that the USFSPA generally refers to awarding a portion of future benefits to the spouse. However my contention in this divorce is that I'm entitled to a portion of his retroactive payment. We were married for almost 20 years. He served 8 years in the military. He was awarded back pay for 4 years totaling approximately $100k, $75k after attorney fees. The retroactive payment covered a time when we were married however the decision and payment occurred while we were separated but divorce was not final. So, although I'm not asking for a portion of his future disability payments or any alimony, it seems reasonable and just that I would be entitled to half the retroactive payment just as I'm responsible for half the debt in the marriage-particularly those 4 years when he had no income but was later paid by the VA. Do you know of any court rulings regarding this particular issue-receiving portion of retroactive VA disability payment for a time when we were married?

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P. Simmons

Attorney

Doctoral Degree

38,080 satisfied customers
My soon to be ex-husband is being put on TDRL - temporary

My soon to be ex-husband is being put on TDRL - temporary disabled retirement list- he will be receiving a Navy retirement pay for 2 months before it goes to the VA payment. I am wanting to know if Title 42 U.S. Code, section 659 applies to my situation .JA: Are you overseas or stateside?Customer: both state sideJA: Have you talked to anyone in the chain of command about this?Customer: no, the divorce has been ongoing for 1.6 years. My lawyer is an idiot. I found this statute tonightJA: Anything else you want the lawyer to know before I connect you?Customer: just wanting verification if this law applies to my situation or not

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,686 satisfied customers
Divorced since Feb 12 08 and I was retired from military

Divorced since Feb 12 08 and I was retired from military service in Jun 04. She still gets my Mil Retirement pay twice monthly payments. She has remarried, there no kids involved. Is there a way I can quit paying her. I plan to completely retire from my 2nd career (which I use to do the payments).JA: Are you overseas or stateside?Customer: stateside, PA.JA: Have you talked to anyone in the chain of command about this?Customer: No for I have been retired since Jun 04.JA: Anything else you want the lawyer to know before I connect you?Customer: I'm single, and I'll be living on my retirement pay.JA: When we are ready I'll take you to the appropriate web page.Customer: Monies and property was distributed and our house was sold at the time of divorce.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,686 satisfied customers
I was married for 19 years to my husband. He has been in 44

I was married for 19 years to my husband. He has been in 44 years now and is the Adujant General for Oklahoma, Robbie Asher. Neither one of us retained a lawyer and are divorced a year this May... I have heard I could vacate the divorce since it was done by a bank notary and possibly obtain a portion of his retirement. Is this possible?JA: Have you talked to anyone in the chain of command about this?Customer: He is the COC... other than the Governor or NGB in DC I could try I guessJA: Anything else you want the lawyer to know before I connect you?Customer: I took $3,000 a month in alimony the rest of my life, in lieu of any of his retirement and have no health benefits, etc. had no lawyer at the time and was not thinking straight. Want to know if I shorted myself as it's hard to live on and pay for health care. The divorce is on in the OK Court Network under Robbie Asher vs Sharon Asher.JA: Since laws vary from place to place, what state is this in?Customer: Oklahoma, but I think the retirement may be a federal issue. He has active years of service... 26 years active and the civil service and federal technician pay. He will get over $150,000 a year or more in retirement.

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P. Simmons

Attorney

Doctoral Degree

38,080 satisfied customers
I was divorced from my wife 31 years ago in Texas. She has

I was divorced from my wife 31 years ago in Texas. She has been receiving a portion of my retirement pay since that time. She remarried shortly after our divorce. I am now 83 years old. She took ownership of our house in Austin, TX and also owns a successful business there. Is there any hope of getting the divorce decree changed so that I can stop payments?JA: Have you talked to anyone in the chain of command about this?Customer: No, like who is in my chain of command?JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Ely

Counselor at Law

Juris Doctor

69,160 satisfied customers
I recently divorce my husband. He is retired from the

I recently divorce my husband. He is retired from the military. i was awarded a small portion of his pension. I don't fall in the 10/10 rule. Recently he told me saying he is rounding up on the monthly payments Bc he is going to use so he can use it as a tax deduction. He pays my portion after tax withdrawals. So he sends me a check every month. And I am getting other money from him. Nothing in the decree says these are Alamony. Your thoughts?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,686 satisfied customers
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