Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I am the former spouse (32 years of marriage) of a retired

Customer Question
Army officer. I have sent...
I am the former spouse (32 years of marriage) of a retired Army officer. I have sent three certified copies of the divorce decree to DFAS over the past 18 months. The settlement includes a COURT ORDER that states I am to receive 50% of his retirement pay. My former husband made the arrangement for the automatic deposit 18 years ago. I suspect I am not receiving the full 50% and have been trying to find out the specifics of his retirement pay, in writing to include disability payments (I understand I am not entitled to receive those monies). I have had no success, and the last correspondence incorrectly stated that I do NOT have a court order, but only an allotment. I absolutely DO have a court order in the state of Washington, 1998, and I would expect the certified copies are at DFAS. How do I get an itemized copy of his retirement pay so that I may determine the correct amount?
Kathryn A. Penk (Koch)
David M. Koch SSN:###-##-####
Submitted: 1 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 8 minutes by:
2/18/2016
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,348
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

If he will not provide that to you and DFAS won't (and they don't sound like they will), you need a court order that specifically states you have to be given that information. Without it, DFAS doesn't have to provide it and this is probably what they mean when they say that you don't have a court order. You don't have a court order requiring them to give you documentation of his pay and you need that, individually.

So, you'd need to file a motion with the court that ordered your original divorce, requesting that he be required to provide that documentation or that DFAS be required to give it, so that you can determine if you are being paid correctly. You'll have to allege, in that complaint, the reasons that you believe you are not getting the correct amount.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Military Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,348
19,348 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., 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

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

14,530 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

19,348 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 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
My husband just retired from the army. He has been cheating
My husband just retired from the army. He has been cheating on me for years. The first time we were married 12 years and this time in January it has been 7 years . If I divorce him what am I entitled … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,348 satisfied customers
I reenlisted from active duty army to the Florida army
I reenlisted from active duty army to the Florida army national guard. When i re-enlisted i was promised in the contract annexes, a $10,000 re-enlistment bonus. i reenlisted in December of 2015. it is… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am the spouse of a retired military (army) officer. We had
I am the spouse of a retired military (army) officer. We had a 40 year anniversary on May 21,of this year One month ago he left. He took the early retirement plan at 16 years of active duty service. I… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Is it fraternization if an Army Officer is dating a Marine
Is it fraternization if an Army Officer is dating a Marine Emlisted SNCO? Never served together or anything. Relationship formed outside of military and no chance of ever working together. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,348 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
14,530 satisfied customers
CAn an army soldier accept a gift from another country? Do
CAn an army soldier accept a gift from another country? Do they have to report it on their taxes? Do they pay taxes? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Does the army counsel military personal on how to transfer
does the army counsel military personal on how to transfer their retirement funds from overseas to the USA … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My neighbor, who is an officer in the army, threatened
My neighbor, who is an officer in the army, threatened physical violence on me last weekend and the police suggested a restraining order. Am I afraid of him? To some extent, yes. If I do pursuit a res… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
I retired from the army,under TERA. I am to going to reach
I retired from the army,under TERA. I am to going to reach 64 years old in December 13. and i had not seeing a recomputacion … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am writing on behalf of my wife (a retired Army Soldier)
Hello ma'am...I am writing on behalf of my wife (a retired Army Soldier) who has been utilizing her Post-911 GI Bill benefits to fund flight school training...in short, the VA has informed her school … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My finace' is retired from the army. He was in an automobile
My finace' is retired from the army. He was in an automobile accident. Just got out of military hospital. His friend is wanting to take him to Nigeria, where he is deployed.Can he do that. … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I am a retired first servant from the US Army service dates
I am a retired first servant from the US Army service dates Aug 1972 to April 1996 , in 1990 at the start of the first gulf war I took out a whole life insurance with academy life insurance Co I pail … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I have a debt to large DFAS for military overpayment. I have
Hello, I have a debt to large DFAS for military overpayment. I have had a very difficult and stressful time maintaining contact with DFAS to know how to repay my debt. I am looking for someone who can… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,486 satisfied customers
I was an officer in army reserves for about 12 years. do I
I was an officer in army reserves for about 12 years. do I have any veteran discounts or veteran status? I have a honorable discharge and have the U.S army meritorious medal. … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
I am an Army Reserve Officer and I was given bad advice from
I am an Army Reserve Officer and I was given bad advice from HRC which is leading forcing me to go into the Retired Reserves and a loss of my GI Bill benefits. I can go into further details if there i… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am a retired Air Force officer (retired 3 years) and was
I am a retired Air Force officer (retired 3 years) and was just contacted by OSI regarding an ongoing investigation of a (still) active duty officer I worked with 13 years ago. He is being charged wit… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My husband retired in November 2016 from Army Reserves. He
My husband retired in November 2016 from Army Reserves. He also served in the Navy. He turned 60 on November 29, 2016. The command listed his paperwork as retired reserves which we were told was incor… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Can a commander allow an army officer 3.5 months to
can a commander allow an army officer 3.5 months to transition out of the army, where he doesnt come to work or formation, but allow the enlisted soldier only 3.5 weeks. isnst this discrimination?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 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