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As ex-spouse I was awarded half of military retired pay.

as ex-spouse I was awarded half of military retired pay. Ex-husband was AF Reserve and was eligible for retirement at age 60 which was july of this year (6227) points). October of 2010 he received the 20 year letter but was discharged at 90% disability pay by the AF which was entirely absorbed by a VA offset rated at 100%. I was assuming that he would have his retirement restored by CRDP and the remaining excess of the 90% AF disability would still remain under the VA offset. I applied for my half of the retirement pay 1st july however DFAS sent me a letter stating that he was still receiving disability, so there was retirement to divide.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: KansasJA: Have you talked to anyone in the chain of command about this?Customer: Did a congressional inquiry but a DFAS paralegal repied with a lot of hogwash.JA: Anything else you want the lawyer to know before I connect you?Customer: I suspect that he may not have applied for retirement since his 100% VA disability is entirely about a mental condition

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P. Simmons

Attorney

Doctoral Degree

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I need to know which forms are required, to file for

HiJA: Hi. How can we be of help?Customer: I need to know which forms are required, to file for compensation and retirement. Note: I went to the Army review board and won my case, therefore, I need to apply for compensation for damages and retirement pay, plus back pay. I was a SFC/ E7JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: I am out of service. the review board does not have authority to re-instate any service memberJA: Anything else you want the lawyer to know before I connect you?Customer: that should cover things initially, thank you

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P. Simmons

Attorney

Doctoral Degree

37,094 satisfied customers
Military QDRO retirement pension question? I am retiring

Military QDRO retirement pension question? I am retiring soon and need to know some information on whether I will get in trouble for not paying my spouse retirment funds awarded to her in the divorce decree, but I never signed a QDRO and her information was never entered into DFAS, so money after I retire cannot be directly sent to her. Can i get sued for backpay or my retirement docked or did she lose those benefits for not getting a court order and a qdro served before i retired?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,350 satisfied customers
I am the step mother of a military child. Her mother is

I am the step mother of a military child. Her mother is active duty military. My husband and his ex have been divorced since 2009. They had specific order for the care of their daughter after divorce. She was awarded physical custody and child support. The mother who is a Major 20 years constantly uses her military position to violate the order. Since 2012 their daughter has been living with us and she refuses any support. Prior to then she would have family and friends care for the child. The divorce states she is to give my husband first right of refusal. In 2012 We hired a lawyer because she left their daughter with a friend again. We got he back and kept her for 5 months. All the while mind you support comes out of his check. She came back after the 5 months and resumed her regular life leaving the child with us. Still no support. She eventually 6 months later told us she was being deployed for 18 months. We had a lawyer draft an agreement for temporary modification for support and custody of Harlie. The agreement included the money she owed for the 5 months as well as return money and money for the 18 months or till she returns. The repayment would end June 2014 and reduce to $1596 till she gets back. She came back May 2014 and made the last payment for the repayment but again never got her daughter back. At that time she lived like 30 minutes away. 5 months later she took a job in N Carolina. She has been there since Jan 2015. We just recently found out she sold her house Sept 205. She still has never came back to get her daughter. She only returns the money that comes out my husbands check. She refuses to pay any support or contribute even school clothes. It has now been 4 years and she states she is retiring ans wants to come get her daughter. Do we have to give her back to her or what can we do. Can we collect the money she owes also. We just don't have the money to keep hiring lawyers everytime she says something or do something. Shouldn't the military hold her accoutable for taking care or her child. We do we have to pay to make he pay.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,350 satisfied customers
Are you online? Can i ask a few questions and do you have a

Are you online?JA: No. I'm the Military Lawyer's Assistant.Customer: Can i ask a few questions and do you have a link to pay?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: FloridaJA: Have you talked to a lawyer yet?Customer: Yes, civilianJA: What advice did they give you?Customer: I need advice pertaining to other issues we didn't talk aboutJA: Anything else you think the lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,350 satisfied customers
I got divorced 11 years ago in North Carolina I was in the

I got divorced 11 years ago in North Carolina I was in the military. The divorce was finalized while I was overseas and I never got a copy. My ex wife informed me that it has a portion of my military retirement allotted to her however she never filed the paper work with DFAS can she still do it or is there a dead line

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,350 satisfied customers
My former spouse did not file the proper paperwork with DFAS

My former spouse did not file the proper paperwork with DFAS until 6 months after she had the court decree. She is now looking for the six months back payments. Is she entitled to this. Her receiving her share of my retired pay could not occur until she filed the DD2293 and all the other proper paperwork

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P. Simmons

Attorney

Doctoral Degree

37,094 satisfied customers
I was awarded 1/5th of my ex husband's retirement pay in our

I was awarded 1/5th of my ex husband's retirement pay in our divorce decree in 1993 after being married 7 years. In 2008, the yearly increases stopped and what he sends me has been the same each month since. He said Obama stopped the yearly increases. I just found out here 8 years later that that is not true. How can I get my legitimate 1/5th? Do I have a right to get a copy of his LES at least once a year? He is saying that he pays more taxes and I get what I get. So basically, he decided to cap out my portion.This is the only thing I asked for in our divorce. But this was based on principle. I quit my job and followed the Navy around the world, had two children by myself while he was out to sea, and basically raised them alone. I did MY time in the Navy as well. But he completely disrespects the roll of the spouse in the Navy.Is there any advice you can give me?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,350 satisfied customers
If an ex spouse goes after her ex husbands military

If an ex spouse goes after her ex husbands military retirement 7 yeas after he retires, can she get awarded payments for the 7 years claiming she didn't know when he retired? Not future payments, just a question regarding the interpretation of arrears payments and the claim that she didn't realize he was retired.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,350 satisfied customers
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