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Is military retired pay an accrued benefit? If so, then is

Is military retired pay an accrued benefit? If so, then is the denominator in an coverture fraction the years the benefit was accrued or the total years in the military regardless of change from reservist to active duty or break in service?JA: Are you overseas or stateside?Customer: StatewideJA: Have you talked to anyone in the chain of command about this?Customer: No just a military retirement specialist on base who said the accrued time but civilian QDRO professional is using total years of service.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, when dividing disposable income. Is the calculation before or after service members federal income taxes? How much to speak with professional?

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P. Simmons

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Is it mandatory to pay half of my military retirement to my

Is it mandatory to pay half of my military retirement to my soon to be exwife? We were married just under 20 yrs of my 23 yrs in the army. She is a convicted felon, and has ran up thousands of dollars in debt in my name without my knowledge!

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P. Simmons

Attorney

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My husband is retired from the reserves, retired civilian

My husband is retired from the reserves, retired civilian government employee (DOD - Army) and on VA disability. He recently pled guilty of solicitation of capital murder and aggravated sexual assault of a child under 14. He was sentenced to 20 years in Texas Dept. of Corrections on 6/3/16. We were not married while he was in the military but were during the civilian job. He filed for divorce two years ago after he was arrested for the child charges. Two months later, while he was in Harris Co. jail, he hired an undercover police officer to murder me. From what I understand, his VA disability benefits will be cut from 100% to 10%. Am I entitled to a portion of his Military Retirement? His civilian retirement? In October, we will have been married for 19 years. What monies will he receive?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I'm a Air Force reservist who is planning to go IRR for the

I'm a Air Force reservist who is planning to go IRR for the remaining 3 years left on my enlistment. I met my boyfriend who is an active duty navy officer while in "civilian" status. We have been discussing marriage however we do not want to ruin his career. Would it be better to wait until I'm officially done with my enlistment? Would there be any issues if we were to marry before then if I'm in an IRR status?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,112 satisfied customers
My wife and I divorced in 1986. We were married 24 years. My

My wife and I divorced in 1986. We were married 24 years. My wife receives part of my military retirement and all benefits. We had drawn up the divorce decree ourselves and listed 50% net of retirement. However, the Navy has NEVER adjusted her amount - it's been the same for 30 years. She is now asking for an adjustment to 50% of net - which will increase the pay to her by as much as $800. I'm at a loss - it will break me. I also have $660 of my $2700 as disability. Does that count in the 'net' part? Do I have any recourse?

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
I have been married for 12 years to my high school

I have been married for 12 years to my high school sweetheart, SFC in the army, I have unfortunately recently found out that he has been living a secret life of being a homosexual our entire marriage. I am over the devestation and ready to file for divorce but should I find a lawyer that specialized in military divorce or just family law?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,112 satisfied customers
Can a NCO in the army marry a junior enlisted who's not in

Can a NCO in the army marry a junior enlisted who's not in the same chain of command or not in the same unit

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,112 satisfied customers
Me and my husband are currently separated since late October

Me and my husband are currently separated since late October of 2014. I've gone through abused with him so have to call the police and since that day it happened we never live in a same house again. We have a 5 year old son together. We try to be civil since the court order was lifted and no contact order was over. I thought were fine, accepted everything that has happen and start moving on.. He was dating already and since I thought were fine after a year I decided to date as well.. He was dating his soldier then and i never said anything because I just want him to be happy and were totally over anyways. We both didn't file divorce yet then just for the reason in my part as lack of financial money to go through it.. Then now, me and boyfriend are getting serious. We've moved in together. He knows everything about us just as much as I know about his relationship. We told each other that it's about time to just really finally file our divorce. Now the case is, after he have file divorce, most stuff that was written in there was very unfair and asking to just for him to support $300 after divorce is over from sending $1000 monthly. My boyfriend is in the service as well. Since I tried to contest with it, he's just now sending 270 and told me if talk to his commander about it he'll get my boyfriend in trouble.. I'm sorry for the very long story. I just want to put as much information I could because I know my situation is very complicated. I just wanna know what I should do since he's blackmailing us.. Thank you in advance. Hope I can hear from You soon and Hope someone could help me out.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,112 satisfied customers
I just got divorced from my 2nd wife (married 63 months). I

I just got divorced from my 2nd wife (married 63 months). I was married before her to another woman for 80 months. In both divorce decrees they both will get a portion of my retirement (50% DRP X # months of marriage / months of credible military service). My question is, do they get these monthly payments of my retirement from me (I pay it to them directly since our marriages were less than 10 years) for the rest of my life or do they get their portion of my pension for a specified period of time (i.e. for a certain amount of of years only)? Both divorce decrees don't specify this. I would think they would only be allowed the length of time of our marriages (80 month marriage and 63 month marriage respectively), not forever, as they were not married to me over 10 years and definitely not the entire length of my military service. In addition, they nearly did nothing to support my career, they even moved kicking and screaming and complaining the whole time. With respect to the answer, if they should not get monthly payments of my pension for the rest of my life, I would also like specific legal cites of the divorce statutes and regulations to reference the length of time that they would legally receive these payments out of my pension, if I am challenged. My first marriage was a California divorce, my 2nd was an Oregon divorce.

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
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