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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

38,100 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

38,100 satisfied customers
I need clarification of a paragraph in my final divorce

I need clarification of a paragraph in my final divorce decree 1995. i tried to get it worded correctly but can't tell if it hurts or helps me. I can email the whole contract (3 Pages) last page only signatures. here is is:11. The court shall reserve jurisdiction over the issue of themilitary retirement to adjust the tentative percentage set forth aboveso that the respondent bears none of the cost of SBP for the petitioner and to fix the actual amount of divisible retirement income based on any disability that the respondent might receive upon or after his actual retirement. She elected the Gillmore option and receives 696.94 and has been since 1994. I have just been appoved for CRSC and I am a 100% combat disabled vet served 1972-1997. Can she still collect. I am collecting CRSC, VA benefits, and social security and she is well to do. She moved out of the house while I was fighting Desert Storm.

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P. Simmons

Attorney

Doctoral Degree

38,100 satisfied customers
For P. We talked before about my VA disability As discussed,

For P Simmons. We talked before about my VA disability As discussed, I just received an increase from 50% to 100%, retroactive to 2011. The decision came from a hearing in December. I had received a letter telling me I would get only $ Now I have received a letter from the VA with a table using the words Total VA Benefit, Amount Withheld, Amount Paid, and Effective Date. The letter goes on to say "You are not allowed to receive full retired pay and full VA compensation at the same time...You may be eligible for full or partial concurrent receipt of VA compensation and military retired pay under the CRSC or CRDP programs. If your RPC determines the withholding from your VA compensation should be retroactively adjusted due to CRDP, VA will notified and will adjust your VA compensation accordingly. " Does this mean that I may not get full concurrent pay or that I have to wait to find out if I deserve it?

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P. Simmons

Attorney

Doctoral Degree

38,100 satisfied customers
I have been medical boarded at 19 years, 9 months and 22

I have been medical boarded at 19 years, 9 months and 22 days. At a 30% rate and VA 80% combat related. I was forced out and not sure if I can fight for 100% retirement after decision was made and all of my appeals. ThanksJA: Have you talked to anyone in the chain of command about this?Customer: Ive been out for 2 years now to try to work this on my own through the VA as directedJA: Anything else you want the lawyer to know before I connect you?Customer: I was recently evaluated by the VA for 100% rating as I am getting worse and might be limited in working

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P. Simmons

Attorney

Doctoral Degree

38,100 satisfied customers
If i opt out of my retirement pay to the crsc do i still

if i opt out of my retirement pay to the crsc do i still have to pay my ex spouse?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: I'm in texas and I devorced hear in 2004 and just retire last year in the decree it state that i have to get her part of my retirementJA: Have you talked to a lawyer yet?Customer: I have but, she stated that; that would cause other problemsJA: Anything else you think the lawyer should know?Customer: I just think that she should be able to if I'm opting out of the retirement. When we divorced I had just returned from Iraq and it was a mess and I should have made sure that I had really done research on a good lawyer!

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P. Simmons

Attorney

Doctoral Degree

38,100 satisfied customers
Can you review my Divorce Decree, Tell me if they can do what

can you review my Divorce Decree, Tell me if they can do what they are ordering me to do. I'm 100% disable W/ VA disability and CRSC. My retirement pay is waved by crsc. Also I want to know if they order me to give my ex. sbp for ever. I can email you the Decree of Divorcee.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,700 satisfied customers
IS concurrent lump sum payment of CRSC regarded an marital

IS concurrent lump sum payment of CRSC regarded an marital asset for distribution, when that payment is made and for dates following the final divorce, if there has *not* been any reduction of Retirement benefits paid to the ex spouse?

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Lawrence D. Gorin

Attorney at Law

J.D. (Juris Doctor)

1,462 satisfied customers
I was given a 15 year retirement from the National Guard due

I was given a 15 year retirement from the National Guard due to failure to meet physical standards for retention. I had just returned from Iraq (2nd tour) and had received a variety of injuries (all VA service connected). I was given the choice of agreeing to a discharge and 15 year letter, which granted me retirement pay at 60 or going to a non-duty related MEB. I argued that all of my listed injuries or medical conditions were the result of active service and in the line of duty. The issue is I will turn 60 next June and will be filing for CRSC, as my VA compensation is greater than my retirement pay will be. However DFAS has 2 copies of my retirement pay eligibility letter. The first mentions USC Section 12731a and c. The final letter was corrected to mention only 12731a. If I have a "c" designator I will be denied CRSC. DFAS stated that they will use the letter I filed with my retirement package. However, an advisor stated that they could end up using either. I am attempting to line up Legal Representation, in advance, in order to fight to have any discrepancy that may need to be corrected, as I do not know how an issue like this is resolved.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,700 satisfied customers
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