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Recent Garnishment questions

Maureen, I was married 20 years and he was in the Air Force

Maureen, Hi. I was married 20 years and he was in the Air Force for 14 of those years. He just retired last Sunday as a Navy Commander with 22 years.JA: Are you overseas or stateside?Customer: we are both in Tx. it was not an issue in the divorce because he got oout of the AF after 14 years and then went back into the Navy Reserves I guess around 2003 or so. I have everythiing in terms of paperwork finished and I am a 100% Disabled Vet (Vietnam Era Nurse) for PTSD/MST and Individual Unemployability. So when I went to get the divorce i found amazing and flagrant fraud and concealment. You have never heardof this but maybe you have. I was forcibly exiled for a period of 2 years and could not come within 75 miles of San Antonio. This judge and my exhusband gave me 30 days to completely dismantle, fracture, and lose my very life. No one even can comprehend this (Earl Warren said it best) because it is so outrageously tortuous that I completely broke down. He is a triple board certified Harvard fellowship expert witness Psychiatrist. My divorce was 43 pages and the criminal filings paperwork was I think 568 pages. He was afraid that I would expose his secret life but I never said a word, my children were 15 and 16 and I could never humiliate them like that. So never one word out of my mouth in this public forum and sure enough, the minute he gets on the stand he whines that I curse at him with accusations and epitaphs. Epitaphs? My, my. I suffered police brutality, was beaten to a pulp by my daughters drug addict unemployed boyfriend and I went to the Dr the next day, he did a complete exam, called the police and they came and took a report and took pictures. 15 pages from my doctor about what happened that night are gone. Out of almost 600 pages of total abuse of process, power and influence, and I just saw this when I got a copy of it last week. He is bad. He made around 30K a month, his child support was 1200, what is that, like 3.9%? He just did not pay it and then had me EXILED, DEPORTED, BANISHED, SHAMED, BROKEN HUMILIATED, LOST, AND JUST BROKEN AND CONFUSED. But most of all I feared jail. Who cared about Child Support? So the very day after I was banished, sobbing like a baby in a Motel 6 in Austin with a 24 foot Penske truck with everythinhg I could get in there, my car hooked to the back and I couldn't even rent an apt because I was now unemployed...I owned my own Portrait Studio and into the 2nd year of opening, it was over. I was elated. But then a day after the Attorney General notified him he was being sued for around 10 K at the time and so he would get MULTIPLE UPON MULTIPLE restraining ordders, protective orders, all ex parte, all with such unrelenting malice and determination to gaslight me to the point of actual exile. I am a textbook case and I just read about the characteristics and I am definatley and was for 20 solicd years by this piillar of the Community, healer of the mind, expert witness in tons of cases and knows all the powerful attorneys. That's just that. But I want to know if I can get my share of that 20 years? I worked 3 jobs as a nurse so he could go to med school. He's so gay that he got a "pretend" girlfriend, a lesbian Prozac Rep and he'd leave all sorts of clues around as if I didn't know what he was doing.JA: Have you talked to anyone in the chain of command about this?Customer: i don't care about that now but i have no hope that i can get this although you go straight to the DFAS and garnish that stuff. So when we divorced, he was a Major with 14 years in so that's the portion I would get my percentage of. I got a copy of The Silent Partner and have learned a lot. Not one lawyer in this town so far has even been civil to me. They talk to me like I"m just an idiot. What do you mean, chain of command, he's retired now. He is such an EMOTIONALLY VIOLENT angry frustrated closeted macho man that I'm just scared to death of him. He has beaten me and choked me until I thoughjt I would pass out and every one of those times it would be over something about his sexual who knows what and who cares. I could care less.JA: Anything else you want the lawyer to know before I connect you?Customer: I appreciate you listenig to all of this but all I want to know is how do i get this court order filled out? And what about this fraud with My assault (I was beaten in the face with his fists and bruised for 3 weeks . How those lawyers and that judge could look at what that punk did to me and ignore it and "punish" me by making me "vacate Bexar County" They hid that, and it happened when he was at a Psychiatry and the Law Conference in Kansas City. The kid stole my credit card, got the bill that day, 1500. and a lot of them were these crack house motels oh my God I was so broken for my daughter, I thought he was pimping her out or something, Those places see, I'm sobbing right now like a baby. That's what this f**king PTSD does and now that I had to look at this fraudulent divorce stuff I'm right back there. I cannot work as a nurse because of "family violence" related nonsnese, omg, the charges tjat came up with my fingerprints made it impossible at age 63 to wait around 2 years for the board of nurses to decide if i could be a newborn/labor and delivery nurse and the cost would be about 20 thousand dollars. i can't saee even to type i'm crying too hard.

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P. Simmons

Attorney

Doctoral Degree

37,788 satisfied customers
My husband is in the National Guard. He had been deployed

My husband is in the National Guard. He had been deployed once during the time we were married. We are in the process of a divorce. We will have been married 7 years on April 2nd of this year. Can you tell me if I am entitled to a portion of his military retirement?JA: Are you overseas or stateside?Customer: MassachusettsJA: Have you talked to anyone in the chain of command about this?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: A little background would be that my husband left us at Christmas and is now living with another woman. I am now 8 months pregnant and with a 3 year old. I would be nice to know of any other benefits that might be available to us. thank you

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Marsha411JD

Doctoral Degree

19,612 satisfied customers
My girlfriend is divorced. She has 2 adult children and an

My girlfriend is divorced. She has 2 adult children and an 8yr. old granddaughter, to whom she is basically a mother.Her EX is retired military, and supposedly she can't touch his money because he took a disability retirement, and supposedly that protects his money from even divorce distribution. She has never received a dime in child support or her half of his "household" income, which she was told would include income from his new wife. Maybe irrelevant, but she is only allowed in the country because she is married to him, and she owns a lingerie business. My girlfriend is unable to work more than part time (less) because of injuries and the small paycheck she gets is almost completely consumed by the garnishments she has had, due to her EX's debts (gambling, school, etc). He has forged her name on legal documents, taxes and checks and again, supposedly because he is retired military with full disability, she can't touch him. She can't afford to hire an attorney, and is only able to buy gas and food because I support her and her granddaughter with what little I can.

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P. Simmons

Attorney

Doctoral Degree

37,788 satisfied customers
My soon to be ex-husband is being put on TDRL - temporary

My soon to be ex-husband is being put on TDRL - temporary disabled retirement list- he will be receiving a Navy retirement pay for 2 months before it goes to the VA payment. I am wanting to know if Title 42 U.S. Code, section 659 applies to my situation .JA: Are you overseas or stateside?Customer: both state sideJA: Have you talked to anyone in the chain of command about this?Customer: no, the divorce has been ongoing for 1.6 years. My lawyer is an idiot. I found this statute tonightJA: Anything else you want the lawyer to know before I connect you?Customer: just wanting verification if this law applies to my situation or not

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,468 satisfied customers
Im a disabled veteran and some of my VA benefits had been

im a disabled veteran and some of my VA benefits had been garnished by the VA bc of a divorce and they didnt take her off my benefits. But basically what happened was I fell behind in mymortagage and havebeen evicted by the people im buyuing the house from and Im only 2 mnths behind. Ineed toknow what Ican doto get thisheld up or......JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: IndianaJA: Has anything been filed or reported?Customer: yes they took me to court....buyt heres the kicker the judge in this caase used to be my Aunt through marriage and also is the Veterans court judge....how can she even do this? wiuldnt it violate whatshe stood behind as a veytreran court judgeor even a conflict ofninterst?JA: Anything else you want the lawyer to know before I connect you?Customer: No mam

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P. Simmons

Attorney

Doctoral Degree

37,788 satisfied customers
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.

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P. Simmons

Attorney

Doctoral Degree

37,788 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?

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P. Simmons

Attorney

Doctoral Degree

37,788 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?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,468 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?

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Marsha411JD

Doctoral Degree

19,612 satisfied customers
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