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Recent Garnishment questions

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

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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 ?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 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.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 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:***@******.***

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 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.

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Ely

Counselor at Law

Juris Doctor

64,422 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?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 satisfied customers
I am in the process of getting a divorce. I am retired AF 20

I am in the process of getting a divorce. I am retired AF 20 years. Assuming my spouse gets 50% of my military pension, if she passes away before I do will I get her 50% back to me, does it go to her estate, or is it just lost permanently? Thank you! Jeff

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
So, I was told no I am not allowed to touch military pay-

so, I was told no I am not allowed to touch military pay- but he walked out on me, I'm disabled-I, not his kids, have two mentally challenged / disabled sons. I may lose my home. He is still on mortgage and deed, and has not moved all his stuff. I know I can get alimony but not sure how much, but what about his SS income and VA disability? Not mine either? How do they figure out the alimony?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 satisfied customers
Am I entitled to any of my husband's retired pension from military

am I entitled to any of my husband's retired pension from military since him left me and I am disabled.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 satisfied customers
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