Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Going through a Arizona divorce after 14 years of marriage…

Going through a Arizona divorce...
Going through a Arizona divorce after 14 years of marriage to a medically retired US Air Force officer who came down with schizophrenia. his behavior became too much for the kids they are adults now) I to cope with. I am severely physically disabled and was when we married but it has progressed and will continue to do so. Because he is medically retired he feels he does not need to provide my third of the pension from the military after the divorce. I have been getting it for many years. Twice we agreed in court to obtain the advice of an attorney who specializes in military divorce, but both times my husband later decided not to continue so we got no answer as to how to sort out the military issues. I feel like there should be something protecting me and my share of the military pension or military disability service-connected) I can't survive with no income from him, and have been told you can't take spousal maintenance out of his military money either, which I have also been getting. Is there any advice you can provide to me?
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
4/21/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,951
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question

Sure this is part of property division. You really need a lawyer.Once the judge divides it up the lawyer has to prepare a QDRO qualified domestic relations order.It has to be sigmed by all the parties and the judge and submitted to VA here for them to pay you directly.

It would be very hard for you to complete this yourself.Lawyer can ask tht he pay your legal fees.It has to be perfectly drafted so VA will honor it.If you were married during the time he contributed to the plan then you may get half here.

Arizona, like most other states on the west coast, is considered a community property state. These states share many similar principles when it comes to dividing assets and obligations accrued during a marriage. Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (by a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise.From what you present this would be community property subject to division.

Lawyer referral

Contact Information:

Maricopa County Lawyer Referral Service
Phoenix, AZ
Phone:(###) ###-####br />Toll free:(###) ###-####/p>

Pima County Bar Association Lawyer Referral Service
Tucson, AZ
Phone:(###) ###-####**@******.***

I appreciate the chance to help you today.Prayers to you here with all.

If you can positive rate 5 stars it is much appreciated,

Ask Your Own Legal Question
Customer reply replied 4 months ago
I know this issue went to the us Supreme Court back in May or June 2017. And what I understood was that because it's disability pay that money which then comes from the VA is 100% his which leaves him a small amount of air force pension that can be divided leaving me with $249 a month my share. It is considered service-connected disability even though he never saw any combat time. He has provided numerous cases Howell vs Howell, Mansell versus Mansell I forget the others, but I need something tangible to submit. Any ideas what I could use?I did have an attorney, his fees were $43,000 when we have no minor children and all community property except possibly this issue was divided years ago when we did a legal separation and I was given my third of the pension back then. Now he has asked to change it over into a divorce. More about the attorney, when I told him I couldn't afford such high fees, he told me to use my handicap accessible home to pay him. I was in total shock that I could lose my house and so we both decided not to work together- I am asking my husband to pay all my legal fees, and he is asking the same of me.A divorce will not only cost me $1,100 a month in pension but my Tricare for life, my supplement which covers my prescriptions 100% And Delta Dental. We have SBP, I think he has to maintain that?

So the other option here would be to argue for spousal support if he gets to keep it as disability then he should be able to pay spousal support.This is another way to get paid.

Ask Your Own Legal Question

A judge in Arizona may award temporary—or "pendente lite," meaning pending the final divorce—maintenance during divorce proceedings. When the final order is entered, the judge may also order either temporary or permanent maintenance for a period of time. An order may direct one spouse to pay the other a lump sum, or more commonly, a monthly amount for a specific length of time.

Permanent spousal maintenance is becoming increasingly rare. Even after longer marriages, courts mostly tend to look at maintenance as rehabilitative—in other words, put in place temporarily to allow a spouse to find a job or obtain training and education to improve employment prospects.

In some situations, a court may award limited maintenance as reimbursement to a spouse who contributed to the advanced education and earning capacity of the other spouse. Courts generally award permanent maintenance only to spouses who are unable to become self-supporting—due to age or disability, for example—and even then only after long marriages. A couple can always agree between themselves to provide one spouse with long-term or permanent maintenance if both agree that this is fair.

Eligibility for Maintenance

To award spousal maintenance, a court must find that one spouse has financial need and the other has the ability to pay. An Arizona court may determine that need exists if one spouse:

  • does not have enough property—even after the marital distribution—to provide for reasonable needs
  • contributed to the other spouse’s educational opportunities, or
  • is unable to be self-sufficient through appropriate employment.

Whether a spouse is able to be self-sufficient through employment requires the the judge to consider additional factors, including the current labor market and the spouse's existing skills and experience. Arizona courts give special consideration to older spouses who served as homemakers during long marriages, who commonly find that age and years out of the job market make it very difficult to find work that supports a lifestyle comparable to that enjoyed during marriage. A spouse who is the custodian of a very young child or a disabled child may not be required to seek immediate employment outside the home due to the needs of the child.

A court that finds spousal maintenance appropriate will set the amount and duration of the award after considering all relevant factors, including:

  • the marital standard of living
  • the length of the marriage
  • the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
  • the paying spouse’s ability to meet the financial needs of both spouses
  • the spouses’ comparative financial resources and earning abilities
  • contributions of the spouse seeking maintenance to the other spouse’s earning ability
  • the extent to which reductions in income or career opportunities of the spouse seeking maintenance benefitted the other spouse
  • both spouses’ ability to contribute to their children’s future educational costs
  • other financial resources available to meet the needs of the spouse seeking maintenance, including an award of marital property
  • educational or training opportunities available to the spouse seeking maintenance and time required to take advantage of any such opportunities
  • either spouse’s excessive spending, or destruction, concealment, or fraudulent disposition of jointly held property
  • costs of health insurance for each spouse, and
  • any damages and judgments from a spouse’s conduct that resulted in criminal conviction, if the other spouse or a child was the victim.

Although some courts in Arizona have experimented with using formulas to compute spousal maintenance, an Arizona judge who consults a formula must still consider all of the factors outlined above. After taking such factors into account, a judge has discretion in deciding what amount to award, or whether to award any amount at all.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Exactly exactly! Thank you for putting it so precisely so I know how to work things! However even though my husband's military VA and Social Security total about $6,000 a month text free, they are saying that they're not allowed to consider the VA income, and I think the Social Security disability, and figuring up spousal maintenance. That leaves are very small amount of income that is supposed to cover his expenses first, but he claims that he has $1,400 a month beyond that about so since he can't pay his own bills out of that, he can't pay spousal maintenance. I know they're saying the VA is not counted has his income for figuring spousal maintenance not sure about the social security disability. Any advice with this?

I would argue that equity requires such spousal maintenance here.You are in need of it to maintain your married lifestyle.

Ask Your Own Legal Question
Customer reply replied 4 months ago
I'm sorry I do have a couple more questions and thank you so much for your answers. On his financial affidavit he listed expensive which he pays for his "mate". I don't know if she's a girlfriend or caretaker or what they live out of state in Pennsylvania. She is also retired military so she has her own income, however he admits he paid all the bills of his and hers, very new vehicles and such too. I'm thinking if she includes her expenses he would have to include her income as well, correct?

Yes he has no legal obligation to pay these and stiff you spousal support.His affidavit is really objectionable it isn't fair to claim he has to pay these, legally he doens't and she has her own income as you state.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Our trial is May 15th, I'm guessing this is probably too complex of a question but what am I expected to do during the trial since I'm My Own attorney?

Brief opening statement you can write it out.

Your honor I am ***** *****, Petitioner in this divorce , I am appearing pro se.We are here today to equity divide the marital assets and debts.It is my position that I be awarded x, y, and z as well as spousal support on the basis that I am disabled and require such support to maintain a minimal life style.And anything else you want to present.You can specifically reference that husband has included bills he is voluntarily paying yet doesn't include any of this persons income.The court should find that supporting an ex spouse has priority over voluntarily paying girlfriends bills.

Then each party presents here.If you are plaintiff you go first.After plaintiff presents here ,they can cross each witness.Any documents you have would be marked P1,P2, etc.Identify them yourself or have witness do it and ask that they be be admitted.

Closing statement--you present opening again saying that you are asking for this and that based on the credible exhibits and witnesses and you are asking the court divide the assets and debts and award spousal support.

something like this write it out inc case you get nervous you can read it.

Ask Your Own Legal Question

The spouse seeking maintenance must show he or she qualifies by documenting any one of the following:

• Property, including property received in the divorce, is insufficient to provide for his or her reasonable needs;
• the spouse is unable to be self-sufficient through appropriate work, or lacks enough earning ability in the labor market to be self-sufficient, or takes care of a child whose age or condition requires the spouse to not work outside the home;
• the spouse contributed to the educational or career opportunities of the other spouse; or
• the marriage was for long duration and the spouse is of an age that prevents them from employment adequate to be self-sufficient.

If you do not pass this step, or your spouse cannot qualify under one of these factors, the court does not get to step two. This initial analysis is arguably the most important analysis to your case.

A few things should be noted here regarding the first factor above: When considering the amount of property that one spouse will receive, we are not stating that that spouse must use up all of the property in order to meet the reasonable needs. Instead, the court is looking at the income the property can produce as a consideration for whether the spouse can provide for his or her reasonable needs. The court is actually required to consider the “income-earning potential” of the property awarded to the spouse.

When looking at the second factor (self-sufficiency through work), the court is not looking at speculative expectations of employment, but rather actual employment or the ability to become employed. For instance, if a person must seek licensure before they can begin working, then they are not currently able to be self-sufficient through appropriate employment. We would also look at the health of the spouse when considering whether he or she is able to be self-sufficient through employment. The court will also look at the efforts (or lack of efforts) the spouse has made to become employed while the divorce is pending. This can be particularly challenging, because the spouse is often going through a great deal of stress and transition during this time. This can make trying to find a new job or entering the workforce even harder than it would be otherwise. However, the judge will want to know what efforts you have made to become employed when considering whether or not you qualify for maintenance under this factor.

The third factor exists so that a spouse who has supported and contributed to the other spouse’s professional degree gets fairly compensated. This is because after the divorce, a degree in law, medicine, pharmacy, or other profession will be the separate property of the spouse who earned the degree.

The fourth factor is usually applied for marriage of a very long duration when spouses are around 50 years old or older. This is typically the scenario for any indefinite awards of maintenance.

The underlying purpose of spousal maintenance is for both parties to achieve independence and to require an effort toward independence for the spouse who is seeking maintenance. The court will look at whether or not a good faith effort is being made toward achieving independence. The court also prefers a fixed term of maintenance rather than a lifetime award of maintenance.

In its analysis the court will consider the following:

1. Standard of living established during the marriage. Here, the court will also look at whether the standard of living was consistent during the marriage and whether the standard of living was accumulated by acquiring debt. The court recognizes that each spouse cannot necessarily maintain the exact standard of living enjoyed during the marriage, but one spouse shouldn’t be required to consume property while the other maintains the former lifestyle through income.

2. Duration of the marriage. In general, under 10 years is a short marriage, 10-20 years is a medium length marriage, and over 20 years is a marriage of long duration.

3. Age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance. For this factor, it is the ability to earn and not actual earnings that matter. The facts of the case, including young children, may affect the earning ability of the spouse. Employment history is a factor used to determine earning ability. The court balances the effort and actual ability for the spouse seeking maintenance to become self-sufficient.

4. Ability of the spouse requested to pay, to meet his or her own needs while paying maintenance. This factor considers the separate assets and all available income of the paying spouse, balanced with that spouse’s actual expenses, including debt. One case held that an award of less than 25% was certainly within the payor spouse’s ability. Future earnings and earning capacity can also be considered, not just what a spouse is actually earning.

5. Comparative financial resources of the spouses, including their comparative earning abilities in the labor market. Awards anywhere between 16.5% of the disparity in income all the way up to 47% of the disparity of income have been upheld by the court of appeals.

6. Contribution of the spouse seeking maintenance to the earning ability of the other spouse.

7. Extent to which the maintenance-seeking spouse reduced his or her income or career opportunities for the benefit of the other spouse. When the issue of maintenance goes before the court, the court looks at the financial status of both spouses. What did one spouse give up while helping the other spouse develop a better career? How much did the working spouse gain because the other spouse did not work to his or her full ability but assisted and supported the working spouse in career advancement?

8. Ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. For this factor, it is reasonable to consider the costs both parties have assumed for paying a child’s college tuition, books or living expenses. The case on point stated that the husband could be required to pay maintenance to the wife so that she could also contribute to the childrens’ college costs. His reduction in income due to spousal maintenance should be offset by a reduction in his expenses associated with college.

9. Financial resources of the party seeking maintenance, including marital property awarded in the divorce, and that spouse’s ability to meet his or her own needs independently. Here, considerations include whether or not liquid assets or income-producing assets would be awarded in the divorce. Also, if a spouse received a home or car, did it come with corresponding debt or are the assets paid off, thereby reducing the need for monthly income? The court should also look at the income that will be received from retirement assets, like IRA or pension income.

10. Time necessary to acquire sufficient education or training so that the maintenance-seeking spouse may find appropriate employment, and whether such education or training is readily available. The court will look at whether or not employment should be suggested for the spouse. If a spouse is 65 years old and has not worked during the marriage, then training or employment is probably unlikely. On the other hand, if the spouse seeking maintenance is looking to become a licensed nurse, the court will look at whether the training is available and the time it might take to get the education, license and employment. The court might also look at a person’s history in school. Have they historically done well in school or not?

11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. Misrepresentation of income and/or hiding assets could result in a spouse paying more spousal maintenance than they otherwise would have.

Focus on these and why you meet these and qualify for spousal support improve your chances the judge has same list here.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Wow you're amazing thank you so much! As far as witnesses that I might call who would be a witness? I'm not into calling my kids who know what I've been through I think that's a lot to ask of them but who else would be a witness or is it just my husband and I?

Yourself pretty much, friends testify about your disability and financial need for help here.

Ask Your Own Legal Question
Customer reply replied 4 months ago
What documents are allowed to be shown for the first time on the day of the

As long as there was not a deadline for exhibits prior to trial you can introduce anything you want the court to consider here.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,951
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
You have answered all my questions for now! Thank you so much! You've been much more help to me than my high priced attorney! I definitely would recommend you as an expert and not only military divorce which by the way it's nearly impossible to find anybody who's knowledgeable about that, but obviously divorce issues as well. At one point we were trying to resolve my West Coast military divorce by retaining an expert who lives on the East Coast who was very good but your answers are complete, helpful and just way more than I expected! I feel guilty not having to pay you $300 or $400 an hour that most attorneys in town charge! I wish I'd known about just answers a long time ago! At least for legal questions, and for Ray's help, I feel it will be priceless with preparing for and when Court time comes!
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,951
48,951 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray 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:

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 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

44,266 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 Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
The question I have pertains to military veterans. I am a
the question I have pertains to military veterans. I am a retired vet, how does that affect my divorce process. … read more
KLAW
KLAW
Juris Doctorate
2,401 satisfied customers
The judge sign the divorce papers last week, so am I
The judge sign the divorce papers last week, so am I divorced on the day she signs? I need to know because of medical expenses what day I would cease to be on my ex medical insurance which is Tricare … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,420 satisfied customers
Ray In a divorce from a retired Air Force officer, how is
Ray In a divorce from a retired Air Force officer , how is the pension divided? Recently I was told I have a vested interest in his Air Force pension and VA offset and that a recent law was only retro… read more
Ray
Ray
Lawyer
Doctoral Degree
48,951 satisfied customers
The applicant requests that this honorable court enforce and
The applicant requests that this honorable court enforce and make the prenup binding. We have a prenup in which we both forfeited spousal support and property (retirement, CPP, stocks) prior to the we… read more
Ray
Ray
Lawyer
Doctoral Degree
48,951 satisfied customers
I WAS MARRIED FOR 15 YEARS TO MY EX SPOUSE AND AM NOW 66 HE
I WAS MARRIED FOR 15 YEARS TO MY EX SPOUSE AND AM NOW 66 HE JUST PASSED AWAY CAN I RECEIVE BENEFITS FROM HIM … read more
Ray
Ray
Lawyer
Doctoral Degree
48,951 satisfied customers
I married in 1999 and still married, my husband served a
I married in 1999 and still married, my husband served a little over 20 years with navy, retiring about 5 years ago. He says I don't get any retirement pay or disability pay in the divorce which seems… read more
LegalGems
LegalGems
Juris Doctorate
12,863 satisfied customers
I am a military retiree and my wife left me, I served for
I am a military retiree and my wife left me, I served for 21.5 years and we were married the whole time. We are currently finalizing our divorce and I am wondering if i was to ever remarried will my n… read more
KLAW
KLAW
Juris Doctorate
2,401 satisfied customers
I am am going to file for divorce and my husband collects
I am am going to file for divorce and my husband collects military retirement and 60% disability. Can I receive any of that money? … read more
LegalGems
LegalGems
Juris Doctorate
12,863 satisfied customers
Divorcing--Division of Property: My husband proposes that he
Divorcing--Division of Property: My husband proposes that he take on all debt (mtg + 3 credit cards + my car loan) & that he fund and help me move across country to be near adult daughter). All this i… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
My husband is a retired Disabled US Coast Guard vet. We have
My husband is a retired Disabled US Coast Guard vet. We have been married 37 years and he wants a divorce. He says I'm only entitled to 1/2 his CG pension & not his VA disability check or SS disabilit… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Im retired from the navy after 24 years. Im still paying
I'm retired from the navy after 24 years. I'm still paying alimony to my ex wife who I divorced 15 years ago. We were married only 7 years but the judge ordered her to have a portion of my future pens… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I am retired receiving soc sec and my pension income. My wife
I am retired receiving soc sec and my pension income. My wife is divorcing me and wants half of my pension. She works full time, her income is comparable to mine. I cannot receive half of her pension … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Have a situation were my spouse has abandon me twice with in
Have a situation were my spouse has abandon me twice with in 7 months. He walk out on our marriage of 4 years, he is military for 23 years. We have no kids, no property. I'm in school and unemployeed.… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I need the document which states since I was only married for
I need the document which states since I was only married for less than a year while on active duty (22 years) my ex-wife is not entitled to my retirement in a divorce settlement. Also, I am a retired… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I have just been told that my husband of 17 plus years wants
I have just been told that my husband of 17 plus years wants a divorce. We have one child and he is retired military. I currently do not have a job but start one next week. I need to know what rights … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
my husband i have been living together 10 years,but married
my husband i have been living together 10 years,but married for 2 years. in april of this year my husband to me he had been invloved with another woman and that the relationship has been going on over… read more
Ray
Ray
Lawyer
Doctoral Degree
48,951 satisfied customers
My husband of 44 years is now divorcing me. He was a dentist
My husband of 44 years is now divorcing me. He was a dentist in the Air Force for 11 years. He left the military in 1986 and was awarded 20% disability. I have worked all during the marriage and put h… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
In a military divorce where the military retirement pay is ...
In a military divorce where the military retirement pay is being divided, what clause or statement must be in a divorce decree that will allow the spouse to continue to collect from the service member… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 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