Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My ex wife did not apply for her share of my military pension

Customer Question
as in the divorce papers...
My ex wife did not apply for her share of my military pension as in the divorce papers is there a time limit on how long she has to apply? Do I owe her the back payments? Can she lose the pension? She now wants me to pay her taxes on this also. Are there any laws or rules as what I can do legally?
Submitted: 9 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
10/1/2008
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,498
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
She had one year from the divorce to file a claim for the pension, since she did not file a claim on the pension within that time the court will not likely grant any request at this time. If the divorce papers stipulated through a Qualified Domestic Relations Order that she was entitled to the portion of the pension and she simply failed to file the QDRO, then she would be entitled to her portion, but you would argue against any back amounts as being barred by the doctrine of laches and docrine of estoppel, claiming that she sat on her rights and failed to exercise them to your prejudice. Additionally, she is liable for any taxes, not you and if you pay her taxes she is liable for claiming that on her taxes as income as well.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,498
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 9 years ago
<p>Thank you for help in this matter. this does help some. I found that she has to file the QDRO herself and no court can make me do so. However I can not find any place of the time limit that you mentioned. Is this in the FSP act or under some thing else?</p><p>I would like law proofing this, is there one?</p><p> </p>
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
I am sorry, I was looking at something else on the time limits, under USFSPA, there are no time limits for her to make her claim. I am really sorry for any confusion or false hope I caused by my error.
Ask Your Own Legal Question
Customer reply replied 9 years ago
Well you had me dreaming, but I understand we are all human you found the same thing I had. Maybe somone should have a time limit set on this matter. I do not however have a clue how. Maybe there is a lawer out there some place that may. smiles. Thank you anyways for your help and I will keep looking for more myself.
Lawyer: Law Educator, Esq., Attorney replied 9 years ago
You would need a congressional change to USFSPA to get that done. Start in on your congressmen to make it happen, it is an election year.
Ask Your Own Legal Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,498
119,498 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. 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:

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

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,498 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My wife is on a 72 hour hold at a hospital in Columbus ohio,
My wife is on a 72 hour hold at a hospital in Columbus ohio, she is not a danger to herself or others, what type of lawyer do I call? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
What does it mean when judge awards wife the home. AZ. Not
what does it mean when judge awards wife the home JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: AZ JA: Has anything been filed or reported? C… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Can I adopt my 28 year old Goddaughter for inheritance
Can I adopt my 28 year old Goddaughter for inheritance purposes? I have documentation from a minister, if that helps. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I have a couple of questions, can you define due process and
I have a couple of questions, can you define due process and when does a probation officer overrule a judge. Say the judge releases me with time served , I get out of jail and go to report and the po … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
My home is in foreclosure mode. Is there anything I can do
Second opinion] My home is in foreclosure mode. Is there anything I can do to change the status and retain my home?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
I have a copyright question regarding music and podcasting.
I have a copyright question regarding music and podcasting. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Can my landlord open my mail legally. California
Can my landlord open my mail legally. JA: Because laws vary from place to place, can you tell me what state the property is in? Customer: California JA: Has anything been filed or reported? Customer: … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
Almost two years ago I was hit by an southeastern trucking
Almost two years ago I was hit by an southeastern trucking employee and I have been trying to obtain a lawyer to help me sue him/them. But I can't get anyone to represent me because I have been having… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
My lawyer spend over 10 months on an encroachment easement
My lawyer spend over 10 months on an encroachment easement dispute between my property and a neighbor. After charging over $10,000 for his services I am left with a property that does not qualify for … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I am trying to see if I have a case to file for primary
I am trying to see if I have a case to file for primary custody of my 12 year old daughter … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Litigation in EDNY. I had a lawyer, am now Pro Se and
Litigation in EDNY. I had a lawyer, am now Pro Se and searching for a lawyer. I live in Pittsburgh, PA and it shard to find reliable, affordable legal help in NYC. OK, that aside, I being sued for not… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I have questions regarding Landlord and Tenant law here in
I have questions regarding Landlord and Tenant law here in California … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I don't show an option for civil law. Civil District Court
I don't show an option for civil law.Civil District Court in Houston, TX Sued for 200,000 dollars Lost the suit Receives disability from Social Security and is declared as mentally disabled for over 1… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I have a condo in FL purchased with funds from my trust set
i have a condo in FL purchased with funds from my trust set up for me in 2002. I was married in 2005. The condo is in my name only. Would the condo be considered equitable distribution in a divorce si… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
My attorney couldn't reach me for some reason and dried me
My attorney couldn't reach me for some reason and dried me as a client so I got. Cpias issied can she pick me back up as a client still?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
If u r renting an apartment or moble home with a roommate,
If u r renting an apartment or moble home with a roommate, and it is totaling unbearable to be there, and it's ok with the landlord if u move out, can the roommate sue u and have ur social security ch… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question. My wife opened a cc and I consented to it
my wife opened a cc and I consented to it maryland … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Is it legal to read a coworkers email that is on a commonly
Is it legal to read a coworkers email that is on a commonly used computer? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 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