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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14291
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have been divorced years. Part of the divorce decree

Customer Question

I have been divorced for 18 years. Part of the divorce decree states that spouse will receive 42.5% of my military retirement. I have sent her portion of the retirement by check for 18 years. I have had to send an explanation to the IRS explaining that a portion of the military retirement has been awarded to my ex-spouse and I have deducted it from my overall retirement pay. I received a letter from the IRS for 2013 and they stated I owed addition taxes because I did not claim the additional amount on my retirement pay. THis time they did not accept it, I sent copies of divorce decree that indicates her portion. I contacted DFAS to have them start sending the money directed to the my ex-spouse so that she can receive a 1099 each and every year. DFAS stated that I was not allowed to initiate this and the ex-Spouse must initiate it. I forwarded the required paperwork to the ex-spouse and she refuses to sign and send it to DFAS. For now, IRS wants me to pay the full taxes on my military retirement and I have filed paperwork for tax court to have this reviewed and overturned. What are my alternatives?? Thank YOu
JA: Since laws vary from place to place, what state is this in?
Customer: This is Tennessee
JA: Have you talked to a lawyer yet?
Customer: No, just have been working with my accountant so far
JA: Anything else you think the lawyer should know?
Customer: I have all cancelled checks that I have sent her, showing proof she has been receiving the money.
Submitted: 12 months ago.
Category: Military Law
Expert:  Dwayne B. replied 12 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Are you asking how to get the money sent directly to your ex?

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