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Recent USFSPA questions

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

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Divorce decree states wife shall be entitled to ALL rights

Divorce decree states wife shall be entitled to ALL rights and priveleges under USFSPA. Does this mean she can come after my retirement at any time if no specific amount or percentage is stated. We agreed only for commissary, BX, and medical under 20-20-20. Thanks

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
Subject divorce and military retired pay in DoD 7000.14-R

Subject divorce and military retired payin DoD 7000.14-R Volume 7B, Chapter 29 paragraphs 290211, 290213, 290608, 290607; how does one determine if the formula award, 290211 or the hypothetical award, 290213 is the correct formula?

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
My husband is a retired lieutenant colonel when the US Army

My husband is a retired lieutenant colonel when the US Army Reserve 30 years he fileD for divorce without me knowing it May 1st 2015 and has not paid any spousal support and been on a financial destruction rampage and filed a fake bankruptcy so I am a teacher and had been psying the majority of the billsIhave an objection to this bk 13 filing. I really believe this is all based on a mental illness he has many physical elements + PTSDAnyway I need to protect myself I did everything I was supposed to doI went to the court i was awarding order temporary spousal support among other and my husband did not abide by it allI had to get an order to enforce and on the day of the hearing there was a big clerical error by the judges clerk that made me lose my temporary spousal support in other words we all had the paperwork and we knew what we were there for the order to enforce or my husband would be incarcerated but the judge had before her an RMC conference and with my attorney being young and inexperienced didn't fight for me so she ended up giving my husband another 45 days the judgr did and I am at my wits end because I've had no money no support no bills paid since May of 2015 X 10 months so anything the var retired military reserve can do to my husband to get him to pay me at least some support temporarily we have not divorced because that bankruptcy that he put on on me has Natick stay I have never seen him like this before in my life so I reached out to ther attorneys but I'm wondering if the military can help me out ? With getting Him to pay it's like conduct unbecoming to a retired lieutenant colonel

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686 satisfied customers
Are payments under the USFSPA deductible military member.

Are payments under the USFSPA deductible for the military member. Are they treated the same as alimony?JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No I have not.JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I divorced in 2010 in Tennessee. The court order states that wife shall receive 50% of disposable military Reserve retired pay.JA: Is there anything else important you think the Military Lawyer should know?Customer: The court did not state the payment was not considered alimony.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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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I was awarded 1/5th of my ex husband's retirement pay in our

I was awarded 1/5th of my ex husband's retirement pay in our divorce decree in 1993 after being married 7 years. In 2008, the yearly increases stopped and what he sends me has been the same each month since. He said Obama stopped the yearly increases. I just found out here 8 years later that that is not true. How can I get my legitimate 1/5th? Do I have a right to get a copy of his LES at least once a year? He is saying that he pays more taxes and I get what I get. So basically, he decided to cap out my portion.This is the only thing I asked for in our divorce. But this was based on principle. I quit my job and followed the Navy around the world, had two children by myself while he was out to sea, and basically raised them alone. I did MY time in the Navy as well. But he completely disrespects the roll of the spouse in the Navy.Is there any advice you can give me?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I have 41 years of CG service. Most of it reserve time but

I have 41 years of CG service. Most of it reserve time but the last 4 years were full time active service. My wife says she should get half of my retired pay as she has filed for separation and I am going to counter file for divorce. Is she entitled to any of my retiree pay. I joined in 1963 and retired in 2004 with 41 1/2 years of service. I am her 5th husband. I married her Nov.3 1990 and I retired from the CG Nov. 2004. which mean 10 years of reserve time and 4 years of active time. Is she entitled to any of my retirement?

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
I need answers! If my wife filed in North Carolina and I am

I need answers! If my wife filed for divorce in North Carolina and I am now retired in the state of Texas. How can North Carolina have jurisdiction over my retirement? You also need to know that he was found unfit for duty, with 90% disability at time of retirement with 20 years of active service. My question is this If he is a lega, l residence (domicile) A state has jurisdiction over my pension if: He is a legal resident of the state or He is residing in that stat for reasons other than military assignment or He consents to the jurisdiction of that state's courts over the division of his retired pay in the property division lawsuit. He received the order equitable distribution scheduling order and if he does as his attorney ask and sends in the information, then isn't he giving them the right for the courts to award the spouse a portion of the retirement. Also if they do the USFSPA has a separate jurisdiction requirement for the division of military retired pay, it must have jurisdiciton over the member by reason of (A) his residence, other then because military assisgnment. (B) his domiclie in the territorial jurisdiction of the court or (C) his consent to the jurisidiction of the court. A court may have jurisdiciton over an absent memeber by reason of some state statute, but that may not satisfy the USFSPA's jurisdiction requirement. I need Help Here. If he complies with the attorney request for his information isn't he giving them permission to divide? How does this work? What can I do?

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I am trying to find someone to help me claim my rights to my

I am trying to find someone to help me claim my rights to my x-husband military retirement

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686 satisfied customers
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