Join the 9 million people who found a smarter way to get Expert help

Recent Garnishment questions

My fiancé was in the army for 24 years and was medically

My fiancé was in the army for 24 years and was medically discharged for PTSD and back and leg issues. He is 100% disabled and was promised in writing at the time of his discharge that he was entitled to his military pension. Now the government has sent him a letter stating that he is not entitled to it and want him to payback $57,790 and have started to garnish his social security disability payments. This has caused his PTSD to become much worse and caused financial hardship and ruined his credit score.JA: What state is this in? And when did the issue begin?Customer: In Michigan and they started in June of this year and they started garnishment in December 2016JA: Have you talked to anyone in the chain of command about this?Customer: He has spoken to a VA Rep. and has recently sent out certified letters to congressmen Wallbergs office, dept. of treasury, Jeff Chappelow chief congressional liaison office.JA: Anything else you want the lawyer to know before I connect you?Customer: At least 3 other of his fellow army men are also having this happen to them.

Read more

P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
I was awarded in my divorce decree a portion of my former

I was awarded in my divorce decree a portion of my former husbands military retired pay. I am aware of the process I may initiate through DFAS (I have more than the needed10 years). My question is: Is my ex husband able to set up the garnishment of his pay through DFAS? IF so, are there disadvantages to having him do that?

Read more

P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
What does the law state regarding a military retiree who

What does the law state regarding a military retiree who never married while serving on active duty for 20 years? After retirement the veteran gets married for the first time, if the couple gets divorced does the veteran have to provide his spouse with part of his retirement pay even though she was never married to him one day during his military career?

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
What happens to the ex-spouse share of a military pension if

What happens to the ex-spouse share of a military pension if she dies before the retired serviceman? Does her estate have an entitlement or does it revert to the retired serviceman? in the case if the latter how does the retired serviceman reclaim that portion of the benefit?

Read more

Marsha411JD

Doctoral Degree

19,404 satisfied customers
I am a 100% service connected veteran. Under California law

I am a 100% service connected veteran . Under California law can v a compensation be with held for alimony payments ?

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 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.

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
I am retiring in two weeks. My ex will be receiving 45% of

Sir, I am retiring in two weeks. My ex will be receiving 45% of my retirement by court order. However, she is also seeking $1,800 a month in permanent spousal support plus half her attorney's fees! If I cannot or do not pay her spousal support, will I lose my half of retirement or my anticipated VA disability or Post 911 GI Bill benefits?Very respectfully,David W. AtkinsSFC, USAFormer USMCemail:***@******.***

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
I sent a subpoena to DFAS at Cleveland and have had no

I sent a subpoena to DFAS at Cleveland and have had no response. Who do I call?JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I am a lawyer.JA: Please give me a bit more information, so we can help you best.Customer: The gentleman we are trying to get information on was retired army. We sent the subpoena on March 14, 2016 with his date of birth and SS#. We sent the subpoena to Custodian of Military Retirement Pay records, certified mail, ATTN DFAS-DCC/CL 1240 E. 9th St., Cleveland, Ohio###-##-#### I need to follow up to find out why I haven't received the subpoena. When I call DFAS, I they send me to garnishment, and they say they don't know.JA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: KansasJA: Is there anything else important you think the Military Lawyer should know?Customer: He is also disabled. I just need someone to confirm and say he is receiving retirement or just tell me, he is not receiving a retirement. He has answered the question inconsistently as to whether he is receiving retirement.JA: 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.

Read more

Ely

Counselor at Law

Juris Doctor

67,258 satisfied customers
I was married just shy of 10 years to my husband who was in

I was married just shy of 10 years to my husband who was in the military. The lawyer stated that I would get a percentage of his military retirement and it is in the divorce paperwork as well. Would I need to get a military lawyer in order to collect this?

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
View more military law questions
In The News