Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Can I still get my right for the retirement money from the

court order during the divorce...
Can I still get my right for the retirement money from the court order during the divorce proceedings way back in 1982. We were married for over 13 years. He joined in 1966, we got married in 1968, divorced in 1982. I sent all the document to DFAS in June of 2012, I never get any respond from them.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
5/19/2013
Phil Cave
Phil Cave, Lawyer
Category: Family Law
Satisfied Customers: 1,069
Experience: 31 yrs law practice
Verified
Hello, thanks for asking your question.
Unless your divorce decree gave a portion of the retirement, no you cannot get any of the retirement.
In fact, it was not until several years after 1982 that the law changed to allow division of military retirement in divorce.
It's possible DFAS did not respond because they knew you were not entitled to money. However, it would have been more polite of them to tell you so.
Sorry, but at this time it is much too late.
Ask Your Own Family Law Question
Customer reply replied 4 years ago
I don't think I understand your answer.. There was a court order from the divorce paper stating I am to receive 331/3% of my ex-husband military pay. we were married for over 13 years during his military service. Do you mean that the court order is invalid? He retired in in 1987. Joined the navy in 1966, we git married in 1968, divorced in 1982? Please clarify your answer.
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,717
Experience: 16 yrs. of experience including family law.
Verified
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am, can you tell me, since the order was issued by the court (some 30 years ago) has he paid at all?

If not, have you taken him to court to enforce this?
Ask Your Own Family Law Question
Customer reply replied 4 years ago
There was a payment I received back in 1990 for 4 months of $230per month with a small child support. He cancelled all payments when our third child turned 18 but the youngest was only 14 years old. I have not taken any actions against him yet. I do not know how to proceed.
Thank you Ma'am

A few more questions please

You mention sending documents to DFAS...can you tell me did you send

1. A certified copy (signed by the court) of the decree of divorce

2. Did you send DD Form 2293 (you can see a copy here http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2293.pdf)?

Ask Your Own Family Law Question
Customer reply replied 4 years ago
Yes, I sent !1. certified copy signed by the court of the divorce decree and 2. DD Form 2293 back in June 2012. They never responded.
Thank you

Then something is amiss. That form 2293, is the key to this.

Have you followed up with DFAS yet? To find out the status of your request? If so what was the response?
Ask Your Own Family Law Question
Customer reply replied 4 years ago
Not yet, because they told in the first letter that it will take up to 90 days, but it is almost a year now. I just gotten so very busy with work. I am planning to give them a call, hopefully they will answer, because sometimes someone will answer and put me on hold for long time and no one comes back.
Thank you Ma'am

That would be the first step

The law supports you on this...that is good. If your marriage was 10 years or longer during his service, he retired, and you have a court order dividing the retirement? Then this is easy...or should be

Typically these take a few weeks to process.

It sounds like yours got lost!

I am sorry for that.

The first step is to contract DFAS. Let them know what happened...it may be they can find the request and process immediately. It may be you have to fax it to them again. Regardless, I would expect DFAS to solve this for you

Next? If they do not? Contact your congressman...they can engage on your behalf.

If you had to, you could sue and force DFAS to follow the law...but I doubt that this is required.

Now...the other thing to consider is that your ex is in contempt of the court order...so you can bring him to court and ask the court to award a judgment for all that money he did not pay you over the years. That is separate and apart from DFAS and would require you have a lawyer assist you.

But for DFAS? If you contact them, I bet they can fix this for you

P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,717
Experience: 16 yrs. of experience including family law.
Verified
P. Simmons and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,717
35,717 Satisfied Customers
Experience: 16 yrs. of experience including family law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

35,717 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Need help attaching a current child support order into a
need help attaching a current child support order into a divorce … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,303 satisfied customers
I have gone to Child Support Services. My divorce was
I have gone to Child Support Services. My divorce was finalized on July 11, 2017. I can claim arrears from August 1,2017 because my ex has not complied with the order. I agreed for my ex to pay half t… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex defaulted on child support under our divorce agreement
My ex defaulted on child support under our divorce agreement when our child came to live with me from his grandma. The court wrote him and he went for a lawyer who wrote to me with arrangement of visi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,721 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Do I claim child support from previous marriage on my new
Greetings, Do I claim child support from previous marriage on my new separation papers to my current spouse? … read more
socrateaser
socrateaser
1,031 satisfied customers
I want to dismiss divorce because child support cannot be
Hello. I want to dismiss divorce because child support cannot be agreed upon and I would like court to determine and establish child support before finalizing divorce. Am i only required to file the p… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I am divorced. 3 kids from that marriage on child support
I am divorced. 3 kids from that marriage on child support under New York law, now getting divorced a 2nd time, 2 kids this time. Does my obligation to the first 3 have preference in the calculation of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x