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Recent Back Pay questions

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

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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

star-full
17,622 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

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34,580 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

star-full
17,622 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

star-full
17,622 satisfied customers
My husband was wrongfully reduced in rank in June of 2014.

My husband was wrongfully reduced in rank in June of 2014. He was reduced for "failure to complete required NCOES". We filed an IG complaint immediately because the NCOES they were referring to was for the next rank, which violates regulation. The IG ruled in our favor. A 15-6 investigation was done that also favored us. National Guard Bureau was called in to determine what went wrong with this situation and advise. They threw out the reduction board and stated that all soldier's affected by this need to have their rank restored. Nothing has yet to be done by J1 to restore his rank and back pay him. We contacted IG and they are saying the Brigade changed their mind on the reason for reduction, that it was actually supposed to be for inefficiency (he had a bogus NCOER in 2013-we have not appealed and do not intend to out of fear of retaliation). He has an otherwise spotless record, in fact he has received 2 awesome NCOERs since the bad one. They are saying a new reduction board will be held for the inefficiency. So, my question is, can they legitimately do this?

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P. Simmons

Attorney

Doctoral Degree

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34,580 satisfied customers
My husband originally enrolled in SPB with Spouse and Child

My husband originally enrolled in SPB with Spouse and Child designation but subsequently divorced. DFAS converted the designation to Child Only. Does the Spouse coverage go into suspense until a remarriag? Or does the coverage revert back to Spouse and Child upon submission of marriage certificate assuming the back premiums are going to be paid. My husband died in Jan. 2015 and I have been denied SPB benefits due to this automatic conversion.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

star-full
17,622 satisfied customers
My father-in-law is 95 yrs old and after looking at his separation

My father-in-law is 95 yrs old and after looking at his separation papers he noticed that he was a corporal for 27 months however he was only pd at that status for 6 months. He said at the time he went to people and they just kept telling him it would catch up with him. It never did.He wants to put in a back pay claim now and was wondering if they would pay him interest for the last 70 yrs.?It may have only been $15 a month more for those 21 months.

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P. Simmons

Attorney

Doctoral Degree

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34,580 satisfied customers
I am going through a divorce and I was wondering if my v.a.

I am going through a divorce and I was wondering if my v.a. disability pay can be used toward alimony and child support. And when the courts figure what assets to split can they include my back pay disability award.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

star-full
17,622 satisfied customers
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