Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have been divorced a year and my ex spouse transfers half…

Customer Question
I have been divorced a...
I have been divorced a year and my ex spouse transfers half of his retirement to my account every month. My question is how do I get him to set up an allotment? If something happened to him I would not receive my money and that concerns me
Submitted: 3 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 2 hours by:
6/1/2015
Military Lawyer: Lawrence D. Gorin, Lawyer replied 3 years ago
Lawrence D. Gorin
Category: Military Law
Satisfied Customers: 1,544
Experience: Military & Family Law. 30+ years experience. USFSPA pension division expertise.
Verified
NEED MORE INFO.....
What exactly does your Divorce Judgment say regarding your being awarded the right to receive half of ex-husband's military retired pay?
Ask Your Own Military Law Question
Customer reply replied 3 years ago

On the first of every month that he sends me half of his retirement which he does, but he manually transfers it to my account. My concern is if something happened to him I would not receive my money. I have asked him to set up an allotment and he wont, I feel it's a control thing.

Customer reply replied 3 years ago

Under maintenance the box is checked that the petitioner shall pay 600 maintenance monthly on the first of every month per.2.12 of Finding of Fact

We did this ourselves and I'm sure being I should be getting more things but we didn't have the funds to get a lawyer. I know this is not considered maintenance or does it?

Military Lawyer: Lawrence D. Gorin, Lawyer replied 3 years ago
YOUR QUESTION:
How do I get him to set up an allotment?

ANSWER:
You cannot force him to set up an allotment. However, given a court order for spousal maintenance, you may apply to DFAS for direct payment, as permitted under the Unifomed Services Former Spouses' Protection Act (USFSPA), 10 USC § 1408.

Court orders enforceable under the USFSPA include final decrees of divorce, dissolution, annulment, and legal separation, and court-ordered property settlements incident to such decrees. The pertinent court order must provide for the payment of child support, alimony, or retired pay as property, to a former spouse. "Alimony" includes spousal maintenance.

Here is what DFAS says:

To apply for payments under the Uniformed Services Former Spouses' Protection Act, a completed application form (DD Form 2293) signed by a former spouse together with a copy of the applicable court order certified by the clerk of court should be served either by facsimile or by mail, upon the:

Defense Finance and Accounting Service
Cleveland DFAS-HGA/CL
P.O. Box 998002
Cleveland, Ohio###-##-####br/>
Phone: 888-DFAS411 (1-***-***-****)
Fax: ***-***-**** (toll free)

To ensure your document is processed in a timely and efficient manner you must include the following information on the fax document:

  • Member/Employee Social Security Number (SSN) - Court Orders/Documents will not be processed if the SSN is not on the document
  • Return Phone Number
  • Return Fax Number

Please ensure original documents are clear and legible. In each fax transmission, include only correspondence for one member or employee (if you have multiple documents for one member, they can be sent on one fax transmission).

Application Form
The application form should state which awards the former spouse is seeking to enforce under USFSPA (i.e., alimony, child support, and/or division of retired pay as property). If the application does not contain this information, then only awards of retired pay as property will be enforced under the USFSPA. A former spouse should also indicate the priority of the awards to be enforced in case there is not sufficient disposable retired pay to cover multiple awards.


Court Order
The court order should contain sufficient information for us to determine whether the (Servicemembers' Civil Relief Act (SCRA or SSCRA) and the USFSPA's jurisdictional and 10/10 requirements (if applicable), have been met.

If we cannot determine the parties' marriage date from the court order, then the former spouse must submit a photocopy of their marriage certificate. If the former spouse is requesting child support, and the court order does not contain the birth dates of the children, the former spouse must provide photocopies of their birth certificates.

A retired pay as property award must be expressed as a fixed dollar amount or percentage of disposable retired pay. If the parties were divorced prior to the member's retirement, the court order can express the award as an acceptable formula or hypothetical retired pay award.

Application Checklist
Be sure you include the following items:

___ DD2293 application form completed and signed
___ Certified copy of Decree of Divorce, Dissolution, Annulment or Legal Separation
___ Marriage Certificate, if marriage date is not included in order
___ Birth dates of children included, or copy(s) of birth certificates (if applying for child support)
___ If order does not include entitlement award, include document that has it (i.e. Qualified Domestic Relations Order or Separation Agreement)
___ Completed Direct Deposit form
___ Completed IRS W4-P


==================
I wish you well. And please don't forget to rate the answer to your question. I receive no compensation for the time and expertise expended in answering your question unless you give the answer a positve rating. So I thank you in advance.
Ask Your Own Military Law Question
Military Lawyer: Lawrence D. Gorin, Lawyer replied 3 years ago
Having answered your inquiry, please proceed to rate the answer so that I may receive compensation for the time and expertise expended on your behalf. And I thank you in advance.

LDG
Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin
Lawrence D. Gorin, Lawyer
Category: Military Law
Satisfied Customers: 1,544
1,544 Satisfied Customers
Experience: Military & Family Law. 30+ years experience. USFSPA pension division expertise.

Lawrence D. Gorin 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

15,272 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I was medically retired from the Marine Corps in 2010 and
I was medically retired from the Marine Corps in 2010 and recieved a separation pay of ~$19K. This is after over a 3yr med board process. Then about 2.5 yrs later I recieved my back pay of approx 45K.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
I am a former spouse of a 23 year retired army National
I am a former spouse of a 23 year retired army National Guard major. I was awarded half his retirement pay in our divorce decree. I have been told by DFAS that he has to file for retirement before I c… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
My ex-husband is retired military and I receive part of his
My ex-husband is retired military and I receive part of his pension and medical coverage. I understand that should I re-marry, I will lose these benefits. Can I have a civil ceremony and be able to ke… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
I have a separation agreement signed with my retired AF
I have a separation agreement signed with my retired AF husband. He had agreed to give me 1/2 his pension. When can I get a military pension order? Now or after divorce decree? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
Military lease info. Georgia. He's retired. No ma'am
Military lease info JA: Because laws vary from place to place, can you tell me what state the property is in? Customer: Georgia JA: Have you talked to anyone in the chain of command about this? Custom… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
If I'm entitled to my ex husbands military retirement
If I'm entitled to my ex husbands military retirement income. Would I be entitled to arrears owed from time of his retirement up until the time of divorce … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I'M entitle to half my of ex husband military retirement. I
I'M entitle to half my of ex husband military retirement. I found out he only give me about 25%. How do I go about getting the rest of the money due. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I am a retired Marine and my wife and I have been separated
I am a retired Marine and my wife and I have been separated for 10 years now and are filing for divorce. I am told that I have to pay 50% of my retirement income to my wife. If this is the case, does … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
My divorce decree says my ex will get 100% of my retirement
My divorce decree says my ex will get 100% of my retirement pay. DFAS says the maximum she can receive is 50%. She thinks I have to pay her the difference. So, how much should I be paying? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
I received a payment into my account from DFAS on the 15th
I received a payment into my account from DFAS on the 15th of March. It was RET SPLC. I don't know why I received this money … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
My husband is retired military and receives retired pay. We
Hello. My husband is retired military and receives retired pay. We married in 2006. He has not added me as a beneficiary to his retirement pay and I was told that this was to be completed our first ye… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
We just received a deposit coded DFAS-CLEVELAND DES: RETSPCL
We just received a deposit coded DFAS-CLEVELAND DES: RETSPCL for over $2,000. Last month my husband's VA disability was upped from 40% to 90% due to more afflictions presumed to be caused by Agent Ora… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
Give info on 3 widows law suit with. DFAS. Kansas and saw it
Kansas and saw it on the Military Law web. The 3 widows won the case … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
Can DFAS garnish my CRSC for payment of unpaid SBP preminum.
Can DFAS garnish my CRSC for payment of unpaid SBP preminum … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
I have a question concerning SCRA laws in the state of
Hi, I have a question concerning SCRA laws in the state of Maryland regarding Joint leases. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
My husband and I are separated. He is retired but is having
My husband and I are separated. He is retired but is having major surgery tomorrow at a Naval Hospital. I am wondering what rights I have to know about his care and the surgery. My husband is trying t… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
I received a letter from DFAS indication they couldn't
Hi - I received a letter from DFAS indication they couldn't process my application for payment of a portion of my ex's military pension because they needed a clarifying order "by means of a formula wh… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,272 satisfied customers
How much alimony can a retired sioldier wife get from a
How much alimony can a retired sioldier wife get from a divorce settlement when the soldier is receiving CRDP and SSDI for service connented disabilities he married 12 years after duty for 4 yrs … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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