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I'm ***** ***** ******, retired Major, USAFR : I'm about to

Hi. I'm ***** ***** ******, retired Major, USAFRJA: Thanks. Can you give me any more details about your issue?Customer: I'm about to file for divorce in Macon County GA. Uncontested. No minor children. Using Pro Se package provided by Superior Court. I will use wording from DFAS to provide them with point based division of retired pay, but do I put that as part of the Settlement Agreement only, or do I make a separate Order for the judge to sign in addition to the Final Judgement and Decree? Thanks in advanceJA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I have 41 years of CG service. Most of it reserve time but

I have 41 years of CG service. Most of it reserve time but the last 4 years were full time active service. My wife says she should get half of my retired pay as she has filed for separation and I am going to counter file for divorce. Is she entitled to any of my retiree pay. I joined in 1963 and retired in 2004 with 41 1/2 years of service. I am her 5th husband. I married her Nov.3 1990 and I retired from the CG Nov. 2004. which mean 10 years of reserve time and 4 years of active time. Is she entitled to any of my retirement?

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
Yes my ex husband retired and I am entitled to some of his retirement

yes my ex husband retiredand I am entitled to some of his retirement

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,446 satisfied customers
Divorce is still pending...husband joined service in xxxx

divorce is still pending...husband joined service in xxxx,got out.I met him in xxxx.got married xxxx.He rejoined in xxxx.he retired xxxx.What are entitlements considering retirement(we live in xx xx and disability and how should it read in petition.Also what are my benefits and do I qualify for the 20/20/20?Thank You.

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I am an active duty officer with 15 years of active duty

Hi, I am an active duty officer with 15 years of active duty service, obligated to be in active duty until 2016. One of my colleague recommended looking into the selected reserves to serve 2 years but gain 4 years of credit, which would bring me to 20 years of creditable service for retirement pay at age 60. Does this make sense?

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
Dear Sir - I am in need of a clarifying order because my initial

Dear Sir - I am in need of a clarifying order because my initial QDRO does not provide clear information to the military payment center for me to receive a portion of my ex-spouse's military retirement. Does a brand new case need to be opened or does the new order just need to reference the case number ***** the original case filed almost 15 years ago (spouse has been collecting benefits for 2 years with me getting nothing so far...). It is literally a one sentence change in the original order that we both agree to, but he's dragging his feet and I'd like to know how cmplex this process is before I hire an attorney... Thank you! Massachusetts Ex-spouse

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I was married from 81-92, on active duty 81-89 (RA), 89-92

I was married from 81-92, on active duty 81-89 (RA), 89-92 (AGR) 92-05 (AR) 05-14 (AGR) we divorced in 1992 and remarried in 1994, divorced in july 2012. My divorce was completed by a civilian attorney it reads as follows " Defendant is awarded 50% of the marital portion of plaintiffs disposable retired pay. "marital portion" means a fraction of the service members military retired pay as of the date the service member retires, the numerator of which is the number of creditable military service accumulated by the service during the SECOND marriage. (from date of the second marriage to the date of divorce) and the denominator of which is the service members total months of creditable military service. If the SM retires as reserve component member then retirement points shall be used as the unit of measure in the foregoing fraction, instead of months of service."the SM and defendant state that they have been married for a period of at least 10 years, during which time the SM performed at least 10 years of creditable service. If for some reason this "10/10" rule is not met it is acknowledged that DFAS cannot make payments directly to the spouse,if that is the case the court can still award a portion of SM's retired pay.disposable retired pay includes retired pay paid or that to which the service member would be entitled to for longevity of active military and or reserve service.I was medically discharged at 90%, and rated 100% by the VA....she agreed not to take VA benefits.... this order was sent to DFAS last year 2013, I received a retirement check and nothing was affected....DFAS did acknowledge receiving the order. because I am 100 percent VA, I was told I will receive VA pay instead of military pay....so what is she actually entitled too?? you have to be a little confused by this..lol she plans to take me back to court if she doesn't get paid....the order said I would pay her direct until DFAS started to pay her....but what amount is she entitled too if any? How am I supposed to figure that shit out? Thank You....all civilian attorneys

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
I have received a copy from DFAS of an application of an "Amended

I have received a copy from DFAS of an application of an "Amended Order Regarding Petitioner's Share of Respondents Military Retirement which reads as such:"The Petitioner/Wife is awarded 43.61% of the disposable military retired pay the member would have received had the member retired with a retired pay base of $4,048.82 and with 23.5 years of creditable service on April 1, 2010"My ISSUES:1. I would not have retired anywhere near a "Pay Base of $4048.82, if retired in 2010. 2. Additionally, the initial "Finding of Facts/Conclusions of Law/Dissolution of Marriage/Commisioners Report" which makes mention of the retired pay to a person (Former Spouse) DOR"Q"UETTA W. Wright is misspelled…(DOR"G"UETTA W. Wright)My Questions:1. Is the request for retired pay submitted correctly?2. Can they (DFAS) enforce the request although initial document reflect different name of Petitioner??

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,446 satisfied customers
First, thanks for hosting this forum! I have three questions

First, thanks for hosting this forum!I have three questions related to USFSPA and my Louisiana "division of community property" judgment dated 2002 as related to divorce in 1997 (took this long to reach a settlement):1. How or where can I go to determine the actual amount of monthly payments I will need to make to my former wife when I retire 1 Apr 2015? Judgment states: "should (Me) qualify for retirement benefits for his service in the US Army, then (Ex) shall be the owner of one-half of the retirement benefits which equals to the number of years the parties were married (married 7/2/83-10/2/97) as used to calculate said retirement benefits."2. In determining eligibility for military retirement, is the 10/10 rule related to continuous years of creditable service/marriage or just a total number of years that equal a sum of 10 years of creditable service/marriage? 3. The court award for number of years married included five years of legal separation. Is this normal? In other words, we legally separated in 1992 and due to the length of time it took to get the divorce through the system, we did not get divorce until 1997. In order to get the divorce expedited, I moved to another parish and petitioned the case be dismissed in the original jurisdiction and moved to the parish in which I moved into. This petition was granted and the divorce was attained. Thank you for your views on this matter,Bill

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,446 satisfied customers
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