How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14519
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

There was no division QDRO ever done in my divorce and my pension

Customer Question

There was no division QDRO ever done in my divorce and my pension division was listed as "in kind" in the distribution chart. A hearing on the issue was ordered and was never held. That was two years ago. In the last two months my ex's attorney got an order signed with no hearing, proffer, discussion, or input from us that divided my retirement. They sent it to DFAS and DFAS processed it. Now the Judge is saying that she has to be retroactively paid because she was entitled from the day I retired. I have had sole custody of my children and my entire retirement income was used to calculate my income which left me with 100% of the cost of my children. I also paid taxes on my entire retire pay. Since there was no order on division until 3 months ago nothing could be sent to DFAS. I am in WV and date of sep was 28 June 2009. I retired 1 Aug 2013. They just sent the order to DFAS 5 June 2015.
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma...but do not understand your specific questions. Do you have a question? Would it help, perhaps, to chat on the phone?
Customer: replied 2 years ago.
Sorry about that. Marine in me I guess. My question is should she be awarded retroactive military retire pay? The court did no timely QDRO and she did no timely submission. If the judge grants her retro pay that means that I paid taxes on it and it was not used to compute as her "income" when child support was being calculated over the last 2 years (I have the children) In other words I got hit with taxes and 100% of cost of my children because she had no income. Now she comes back and collects tax free and no CS obligation. Of course I lived off that money never assuming it would be retroactive. It's gone
Expert:  P. Simmons replied 2 years ago.
Good questions. Was this a contested divorce?