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Video instructions and help with filling out and completing Military retirement pay to ex-spouse who remarries

Instructions and Help about Military retirement pay to ex-spouse who remarries

Retirement hey many of us would like to retire in order to retired me nice to have a pension so we have something to live on during a retirement pensions today have become a major major piece of property during a marital breakup during a divorce a big question arises - what happens to those vested pension rights that were accumulated during the marriage well that brings us to this week's case involves a couple in New Jersey there in 1987 they got a divorce he was a captain with the US Air Force and the agreement under divorce was that he would pay to his wife 50% one-half of his military pension at the time of his retirement she had a 50% interest in that well now let's fast-forward here we are over 20 years later and he retires he looks at this and says you know that's a lot of money that I'm gonna have to be paying her and I think it's unfair that I pay or 50% because I've stayed in the Air Force all of these years I've gone through the ranks I've gotten pay grade increases and my pension is much higher than it would have ever been if I had not gone on and spent all this time in the Air Force after our divorce therefore I don't think she is entitled to any of this she through her attorneys are youse know in 1987 when we got a divorce it was agreed that at that time I would receive 50% of your pension on your retirement because I had contributed to your career in the military I had been a stay-at-home wife and how it helped that to gone through all these relocations and done everything else to assist you in your career and I was going to receive 50% of your pension as a result of that and bottom line a deal is a deal well the court looked at this court looked at this said ok let's analyze this and in fact there was a deal in 1987 but after 1987 he continued in the Air Force he saw an increase in his compensation because he was going through pay grade increases and his retirement pension is much bigger now than it would have been if he had mustered out while a captain in the US Air Force therefore that pension has grown not as a result of anything his wife did not as a result of anything that occurred due to their cooperation as a marital couple in fact that pension has grown solely due to his efforts after their divorce therefore it needs to be readjusted and the trial court needs to look at this and needs to decide how much of that pension would have vested if he had mustered out as a captain and how much of that pension as a result of his increase in pay grades after 1987 okay so what's the point.


How can I get a division of community property, specifically military retirement pay for a former spouse from an ex who has remarried and moved to another state without having money for an attorney?
While I’m not an attorney, I’m married to retired 1st Sgt of the US Marine Corps whose former spouse receives a portion of his military retirement/retainer pay (MRP). As such, I’ll answer based on my knowledge of the Uniformed Service Former Spouse Protection Act (USFSPA).Under USFSPA, a former spouse (FS) is entitled to a portion of a service member’s (SM) retirement pay regardless of the length of the marriage. For a FS to receive payments directly from the Defense Finance & Accounting Services vs from the SM, the couple must have a minimum 10 years of marriage with 10 years overlapping creditable service by the SM (i.e., the 10/10 rule). FS’s who were married to a SM for 20 years or more, with at least 20 years of overlapping creditable service by the SM, are entitled to the SM’s MRP, as well as lifetime healthcare coverage, base & commissary access.Entitlement by a FS to a SM’s MRP must be awarded by a court of proper jurisdiction. Without jurisdiction over the SM’s MRP, the SM’s MRP is not & cannot be considered divisible property. As such, if the FS in question has a final divorce decree/marriage settlement agreement that has already been accepted by the Court & signed by all relevant parties & does not include proper language required by DFAS that: A) Indicates the Court where the divorce was filed has properly obtained jurisdiction (i.e., the right to divide the SM’s MRP) & B) Awards the FS a portion of the SM’s MRP, not to exceed 50%, then the FS has no entitlement to a SM’s MRP.The only chance the FS has at obtaining any entitlement to the SM’s MRP, is to appeal the final/approved/signed divorce decree/marriage settlement agreement. Amending, or contesting a final divorce decree is nothing short of an uphill battle & demands the knowledge & expertise of a seasoned family law attorney who is well in matters surrounding the USFSPA. Unless the FS was forced to sign the final decree under duress (as in gun to their head, duress), without a good attorney & a hefty chunk of change to pay for said attorney, it’s unlikely a Judge will allow for any amendment to the existing final decree.Let us know what happens. Thanks!
Do military members have to pay any fee for leave or fiancee forms?
NOOOOOOO. You are talking to a military romance scammer. I received an email from the US Army that directly answers your question that is pasted below please keep reading.I believe you are the victim of a military Romance Scam whereas the person you are talking to is a foreign national posing as an American Soldier claiming to be stationed overseas on a peacekeeping mission. That's the key to the scam they always claim to be on a peacekeeping mission.Part of their scam is saying that they have no access to their money that their mission is highly dangerous.If your boyfriend girlfriend/future husband/wife is asking you to do the following or has exhibited this behavior, it is a most likely a scam:Moves to private messaging site immediately after meeting you on Facebook or SnapChat or Instagram or some dating or social media site. Often times they delete the site you met them on right after they asked you to move to a more private messaging siteProfesses love to you very quickly & seems to quote poems and song lyrics along with using their own sort of broken language, as they profess their love and devotion quickly. They also showed concern for your health and love for your family.Promises marriage as soon as he/she gets to state for leave that they asked you to pay for.They Requests money (wire transfers) and Amazon, iTune ,Verizon, etc gift cards, for medicine, religious practices, and leaves to come home, internet access, complete job assignments, help sick friend, get him out of trouble, or anything that sounds fishy.The military does prall the soldier needs including food medical Care and transportation for leave. Trust me, I lived it, you are probably being scammed. I am just trying to show you examples that you are most likely being connned.Below is an email response I received after I sent an inquiry to the US government when I discovered I was scammed. I received this wonderful response back with lots of useful links on how to find and report your scammer. And how to learn more about Romance Scams.Right now you can also copy the picture he gave you and do a google image search and you will hopefully see the pictures of the real person he is impersonating. this doesn't always work and take some digging. if you find the real person you can direct message them and alert them that their image is being used for scamming.Good Luck to you and I'm sorry this may be happening to you. please continue reading the government response I received below it's very informative.   You have contacted an email that is monitored by the U.S. Army Criminal Investigation Command. Unfortunately, this is a common concern. We assure you there is never any reason to send money to anyone claiming to be a Soldier online. If you have only spoken with this person online, it is likely they are not a U.S. Soldier at all. If this is a suspected imposter social media profile, we urge you to report it to that platform as soon as possible. Please continue reading for more resources and answers to other frequently asked questions:  How to report an imposter Facebook profile: Caution-https://www.facebook.com/help/16... Caution-https://www.facebook.com/help/16...   Answers to frequently asked questions:  - Soldiers and their loved ones are not charged money so that the Soldier can go on leave.  - Soldiers are not charged money for secure communications or leave.  - Soldiers do not need permission to get married.  - Soldiers emails are in this format: john.doe.mil@mail.mil Caution-mailto: john.doe.mil@mail.mil anything ending in .us or .com is not an official email account.  - Soldiers have medical insurance, which pays for their medical costs when treated at civilian health care facilities worldwide • family and friends do not need to pay their medical expenses.  - Military aircraft are not used to transport Privately Owned Vehicles.  - Army financial offices are not used to help Soldiers buy or sell items of any kind.  - Soldiers deployed to Combat Zones do not need to solicit money from the public to feed or house themselves or their troops.  - Deployed Soldiers do not find large unclaimed sums of money and need your help to get that money out of the country.  Anyone who tells you one of the above-listed conditions/circumstances is true is likely posing as a Soldier and trying to steal money from you.  We would urge you to immediately cease all contact with this individual.  For more information on avoiding online scams and to report this crime, please see the following sites and articles:   This article may help clarify some of the tricks social media scammers try to use to take advantage of people: Caution-https://www.army.mil/article/61432/ Caution-https://www.army.mil/article/61432/   CID advises vigilance against 'romance scams,' scammers impersonating Soldiers  Caution-https://www.army.mil/article/180749 Caution-https://www.army.mil/article/180749   FBI Internet Crime Complaint Center: Caution-http://www.ic3.gov/default.aspx Caution-http://www.ic3.gov/default.aspx   U.S. Army investigators warn public against romance scams: Caution-https://www.army.mil/article/130... Caution-https://www.army.mil/article/130...   DOD warns troops, families to be cybercrime smart -Caution-http://www.army.mil/article/1450... Caution-http://www.army.mil/article/1450...   Use caution with social networking  Caution-https://www.army.mil/article/146... Caution-https://www.army.mil/article/146...    Please see our frequently asked questions section under scams and legal issues. Caution-http://www.army.mil/faq/ Caution-http://www.army.mil/faq/ or visit Caution-http://www.cid.army.mil/ Caution-http://www.cid.army.mil/ .  The challenge with most scams is determining if an individual is a legitimate member of the US Army. Based on the Privacy Act of 1974, we cannot prthis information. If concerned about a scam you may contact the Better Business Bureau (if it involves a solicitation for money), or local law enforcement. If you're involved in a Facebook or dating site scam, you are free to contact us direct, (571) 305-4056.   If you have a social security number, you can find information about Soldiers online at Caution-https://www.dmdc.osd.mil/appj/sc... Caution-https://www.dmdc.osd.mil/appj/sc... . While this is a free search, it does not help you locate a retiree, but it can tell you if the Soldier is active duty or not.  If more information is needed such as current duty station or location, you can contact the Commander Soldier's Records Data Center (SRDC) by phone or mail and they will help you locate individuals on active duty only, not retirees. There is a fee of $3.50 for businesses to use this service. The check or money order must be made out to the U.S. Treasury. It is not refundable. The address is:  Commander Soldier's Records Data Center (SRDC) 8899 East 56th Street Indianapolis, IN 46249-5301 Phone: 1-866-771-6357  In addition, it is not possible to remove social networking site profiles without legitimate proof of identity theft or a scam. If you suspect fraud on this site, take a screenshot of any advances for money or impersonations and report the account on the social networking platform immediately.  Please submit all information you have on this incident to Caution-www.ic3.gov Caution-http://www.ic3.gov (FBI website, Internet Criminal Complaint Center), immediately stop contact with the scammer (you are potentially providing them more information which can be used to scam you), and learn how to protect yourself against these scams at Caution-http://www.ftc.gov Caution-http://www.ftc.gov (Federal Trade Commission's website)
Should the military retirement pay received by military former spouses be subject to garnishment to pay child support owed to service members by the former spouse?
Your question is “Should the military retirement pay received by military former spouses be subject to garnishment to pay child support owed to service members by the former spouse?” The short answer is yes. If you want to know why, keep reading.If your question is a practical one, whether military retirement pay can be garnished to pay court-ordered child support payable by the retirement service member to the other parent, the short answer is yes, it can be garnished.If, however, your question is a public policy question, which is whether military retirement pay should continue to be garnishable to satisfy a child support obligation of the retired service member or instead made immune from garnishment • which would take an act of Congress • my opinion is that Congress should not change the current law.(When it comes to public policy questions, we’re all really just talking about our opinions, even if some opinions are well supported with facts and arguments while others aren’t.)Why should the law remain unchanged? If someone has a court-ordered obligation to support his or her children, that person needs to comply with that obligation. If that person fails to pay court-ordered child support, there is no principled reason to insulate military retirement pay from being garnishable or otherwise subject to enforcement by the child support creditor. None. Military retirement is not more sacrosanct than non-military pensions or current wages or interest or dividend income, and all those other income streams are subject to garnishment for child support.
Does it cost a US army soldier anything to take leave while deployed?
NO: There are no American troops in Syria. If you are replaced to go home, the service does that, you do not have to find someone to substitute for you or pay for a replacement, you get on the plane and go back to your permanent base.There is a widespread scam perpetrated by people in West Africa, primarily in Ghana and Nigeria. They meet women on dating websites like Hangouts, texting because he is in a “dangerous place” doing “secret missions” and so can’t call or Skype either because of secrecy or the expense, since he has “no access to funds while he is deployed”. He may tell you he has a child in the US and his wife is dead or has run off with another man…his mother or father needs an operation, he needs to pay to get out of Nigeria, out of the service and come and join you…..the stories are endless but the results are always the same. You send money, gift cards, iPhones and many other things. If he hasn’t yet he will tell you soon that he has fallen in love with you, wants to come to be with you but the money situation is preventing that, so if you’ll help him he can pay you back when he sees you. He may send you pictures downloaded from Facebook or other places.In doing so you may have given him various pieces that when put together give him access to your bank account and the ability to open charge accounts to get more things which he can sell in the marketplace or on the Nigerian version of Craig’s list. I know this because I have been telling people about it on Quora for some time and someone in my family experienced it directly.Here are a couple of quick tests you can do.Ask him to send you on his military email account a list of what he needs from you…it probably won’t happen,(“security”), but if it does the email address should end with @ mail.mil . This goes through secure servers so no security problems. Everybody in the military has one, some use it everyday. Won’t do it? Doesn’t have one [his unit is so top secret they can’t use that]? Scammer.Ask for his APO address( you have some phone cards, cookies etc you want to send) Here’s what an APO address should look like.Name: PFC Jack Lyon Address 1: 23rd Battalion Address 2: Unit 1234, Box 56789 Country: United States City: APO State: AP Zip/Postal Code: 96522-1215 no APO address? “security” again? He’s not real.Here are some websites that will give you more information:Can You Spot the Scammer?Army investigators warn public about romance scamsOnline romance scamsWhen an Online Boyfriend Is a Scam ArtistSgt. Bobby Martins - US ARMY in IRAQDo you pay for a next of kin form in the US military and stamps?and here is what another woman said about her experience:“...even took selfies & sent to me as well as called me. However, the 1st time he asked for a mere $50 iTune card was a red flag. Then after messaging for 3 days, a declaration of love. That really sent up the flag. Once I got it across to him that I wasn’t sending $700 so he could come home to be with me, $100 Amazon cards or an iphone to him, he quickly blocked me on Hangouts. BTW he said Hangouts was more private & less cost. You bet it is…that way you can’t see all the other people he’s trying to con money from. “So you’re dealing with a scammer, here’s what I would do. Don’t text him and curse him out. Some of them get a perverse pleasure out of your pain. Just block him and if you have sent money with a bank transfer, check with your bank to make sure no foreign withdrawals can be made without your approval or have already been made.Better a broken heart than a broken heart and an empty bank account. What you want, [ romance etc] will never happen. Your heart’s in the right place just with the wrong “man”.
How should a divorced parent respond to an ex-spouse who refuses to help pay for their child's college?
How Should they respond?I know this might sound cold-hearted, but hear me out.Once upon a time, there was a boy named Eric. Eric’s parents saved and scrimped and invested before he was even born for his college fund. Eric turned out to be an above average student and was accepted at the college where his brother also went. His parents were proud of this milestone and felt comfort in the fact that his older brother would be close in case of emergencies.. They looked forward to the day where they could be free to do whatever it was that they did before children.The only problem was that Eric liked college a little too much. And by that, I mean he overstayed his welcome, not graduating with a Bachelor's degree by year six.Eric still expected the support of his parents for food, housing, car insurance, gas, and other necessities while he fiddled around taking and dropping classes, attending freshman parties and having freshman ladies revere him as some kind of campus god.Eric never graduated. Eric did not receive any type of tuition assistance during his attempts at degree attainment, so roughly over 120k dollars was blown on a future that never materialized.This example, unfortunately, is not an isolated incident.My friend Bogdan, one of the smartest nerds I know, had a full scholarship and blew it by failing the first year of college at eighteen years old. He partied his way right out of his scholarships, which were revoked for poor grades. His parents took over college payments to make up for the rescinded scholarship money.He attended college part-time off and on for years until he enrolled in a dentistry school in Romania. He was 35 years-old when he enrolled and was anticipating his degree in three years, but he has dragged these years into seven years and counting. At 42, he focuses on his wife and son. He has a genius level IQ and a deficient level of motivation. He is currently unemployed.These are two very real examples of why it is never a good idea to pay for your child's college.If your child is responsible, conscientious, careful, focused, resistant to immediate gratification, and persevering, they will be eligible to receive scholarships so long as they prove themselves by maintaining good grades. If financial aid is an option, the motivated student would fill out the necessary documents and turn them in on time. The rest of the funding would be gained by applying for loans responsibly.You see, the same skills it takes a young adult to finance college on their own are THE EXACT SAME skills it takes to graduate in a timely manner and successfully acquire a good job and maintain a successful career.No amount of money obtained from an ex-spouse can prthis level of education on the art of self sufficiency and goal attainment.Making your son or daughter go through this process will make them the type of adults we are proud of in the future.They will think twice about hitting that keg party and skipping class.I have learned that people tend to make better choices and spend frugally when funding comes from their own pocket versus the pocket of a kind and generous parent.My recommendation to you is to extend your hand to your ex-spouse and thank them for teaching you a valuable lesson in raising children responsibly.
Can a local court order an out-of-state, ex-spouse to pay spousal support?
In the US, anyway (which the phrase "out-of-state" implies is the intended context):Yes it can, though that of course depends on the facts. Ordinarily, the court that effected the dissolution retains jurisdiction. A support order issued by a court with jurisdiction will ordinarily be enforced in another state, subject to some procedural niceties.If you want to know whether a *particular* order is enforceable in a *particular* jurisdiction, you need to show it to a lawyer and give him the whole story.
How do you fill all of that extra time in retirement if you have only enough money to pay your bills?
If you only have just enough money to pay bills in retirement, that’s not a big problem.Lots of senior discounts and freebies.If you don’t have a car or can’t drive, there might be convenient mass transportation with senior discount (sometimes even free), and some larger cities can offer free senior transportation also.Even travel has senior discounts, so you can save up for a trip.And there’s alway free activities in many places and public access to libraries and museums. Also with senior discounts.And there’s nothing wrong with just staying home. You can read and watch tv, or be productive and pursue hobbies, like writing, drawing, painting, etc, which you could make some money from.And then you can always do a little work, like housesitting, babysitting, watching kids or pets, tutoring, etc.It’s your retirement, you decide what you want to do with it.
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