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Recent SBP questions

I was granted a bifurcated divorce in 2004. The bifurcation

Hello -JA: Hi. What seems to be the problem?Customer: I was granted a bifurcated divorce in 2004. The bifurcation was to 'status only'. In 2010 I married my current spouse.JA: Are you overseas or stateside?Customer: I am stateside. In 2013 I completed 20 years of military service and received my '20 year letter'.JA: Have you talked to anyone in the chain of command about this?Customer: I had 90 days to elect RC-SBP and designate a beneficiary. I elected my current spouse and minor son in the maximum (55%) amount.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes There was (and still isn't) a formal divorce decree requiring former spouse RC-SBP coverage. My election in 2013 was received and accepted by DFAS. Now (and this is still ongoing) my former spouse and I are involved in the drafting of a QDRO, and that draft QDRO stipulates that, although I did not elect my former spouse as beneficiary, that I must now elect her (or she can do so through a 'deemed election'. Given that my election of current spouse in 2013 did not violate any court order or decree, is it a valid and legal election and can a court, AFTER the fact, direct a change in beneficiary and will DFAS allow it?

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P. Simmons

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Doctoral Degree

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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

38,290 satisfied customers
I am retired military. I am widowed. I have remarried. What

I am retired military. I am widowed. I have remarried. What benefits is my new wife entitled to? I have SBP and am paid up. I am 77 years old. We are both widowed.JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?Customer: NoJA: Are you overseas or stateside?Customer: statesideJA: Anything else you want the lawyer to know before I connect you?Customer: no

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
My wife divorce lawyer is asking that I pay 7% of my

My wife divorce lawyer is asking that I pay 7% of my military retirement pay and give my X spouse my SBP. Is there a law here in the state of Florida stating it's 7% and she has to get my SBP we have only been married 33 months of my 23 years and 11 months in the military? I attached copies of the amended divorce which they are requesting I sign.

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
When I divorced 12 years ago I enrolled my ex spouse as the

when I divorced 12 years ago I enrolled my ex spouse as the beneficiary to my SBP. Since then I have been remarried for 12 years. My current spouse and I have 12 children( some biological, most adopted) and realize I have no monetary support for them other than life insurance. My former spouse is remarried and isn't even eligible for my SBP now but refuses to sign it over. Is there any way to change the beneficiary to my current wife, or at least half to her and half to my daughter from my first marriage?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: divorced in TX, currently live in OK but the Ex lives in KSJA: Have you talked to anyone in the chain of command about this?Customer: I am retiredJA: Anything else you want the lawyer to know before I connect you?Customer: no

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P. Simmons

Attorney

Doctoral Degree

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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

Attorney

Doctoral Degree

38,290 satisfied customers
I am a former spouse. My former husband was court ordered to

I am a former spouse. My former husband was court ordered to continue SBP coverage and to notify DFAS specifically. I had no reason to believe that he did not file Form 2656-1. Now 2-1/2 years later, I discovered he never did that, and I am still listed as spouse. I believe he simply forgot. Is there a remedy?JA: Because laws vary from place to place, can you tell me what state the court order was issued in?Customer: ColoradoJA: Have you talked to anyone in the chain of command about this?Customer: No, he is retired.JA: Anything else you want the lawyer to know before I connect you?Customer: He also did not notify DEERS until I contacted him on 8/15/2016.

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
Spousel Benifits or Questions from Deceased X spouse . I was

Spousel Benifits or Questions from Deceased X spouse . I was a Ward of the State of Kansas ( Private Group Home) At age 16 yrs old, I ran away with Greg who was at that time 18 yrs old. We Married 9-30-1980. He later joined the Military. I was the moving Military spouse for 19 yrs 2 months. We had 2 children. We seperated off and on for the about 4 years. He had a Vasectomy. I got pregnant during this separation Not His Child). We divorced 10 months prior to his Military retirement. We remained "Close Friends" The following year we began discussing getting remarried, and planning our future. He died in a plain crash before we could make that happen. ( Within 3 months) I remained unmarried for over 5 years. And probably in " morning " for atleast 8 or 9 years. I remarried the Childs Father. Now that she has turned 18. I need out of this abusive relationship . I'm 54 years old. I have not worked since his passing. I was self employed and ran several successful businesses for over 10 years before his passing, but, closed them all as qwickly as possible after. ( I simply could not function) nor would I admit it to those I worked with. I fear not being able to support myself so I remain in this bad situation. If I divorce this jerk, am I entitled to any of Gregs Military benifits?JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else important you think the Military Lawyer should know?Customer: At age 18, I got my GED. During our 19 year Military Adventures we were usually stationed 4 years at each location. I usually worked unskilled labor positions and unemployed for long periods each time we moved. I took care of our two children and made sure they had as many advantages I could find. Swimming lessions, Guitar, Scouts, baseball, I flooded them with activities Greg took college classes part time for over 10 years. ( most paid by Military benifits. We had decided I would go to school after he got his commission or in a better financial position. He eventually received his Bachelor of Science degree. I didn't. He went on to work for Cisco ( Government Contact) So he went to work at the same base he had retired. USAF Fairbanks Alaska. I was on his life insurance policy. But that money is long gone.JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. 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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Marsha411JD

Doctoral Degree

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My husband passed away the 4th of October 2015. I am

Hello, my husband passed away the 4th of October 2015. I am his current wife, he was divorced in 2008. He wad retired from the navy after 24 years of service. Was working as a civilian at the Pentagon department of Air Force. He was receiving retirement from his duty. My question is I am eligible for benifits from his retirement. I called Dfas today and they denied my benefits. I do need some help. Regards ***** *****

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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