robo
journeyman
Reged: 04/05/09
Posts: 50
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04/05/09
Here’s the deal. My wife is currently in the Army National Guard. We got married in Oct 2005. She received active duty orders to Iraq which she ended up serving 22 months (after two extensions) and returned home in July 07 and took up a fulltime military job on a base near our home and is currently working there to this day. In February 08 (7 months after returning home) she moved out of the house and we both decided to end the marriage. When she moved out in Feb 08 she pleaded with me not to file divorce papers on her until she completed her BNOC training which would be complete by June 08 with poor judgment I agreed to. With empty promises on her part to make the divorce a priority when she returned from BNOC training in June I finely pushed forward by serving her divorce papers In September 08 (7months after she moved out). Now it’s April 09 and she has pushed back mediation and court orders on grounds of being out of town for guard duty and I heard she has begun training to become a warrant officer.
We have no children and only have joint expenses of a mortgage. She has not contributed any money to the joint bills and left me to pay for them. My question is is she obligated to help me with the mortgage payments or share any of the allowances that she receives for being married? This is my only guess as to why she has been dragging her feet to get this thing over with. I want nothing from her and only want the divorce over as soon as possible. I thought about contacting a JAG to see if he has any recommendations.
Thanks
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Miranda
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Oh hell yeah, she owes you A LOT of money. Do you have a lawyer? She should have been giving you BAH $$$ for the last few years.
Tell her you want part of her retirement and see how fast she wants to divorce.
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13.1...because I am only half crazy!
Edited by Miranda (04/05/09 06:04 PM)
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robo
journeyman
Reged: 04/05/09
Posts: 50
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I have a meeting with a JAG this Friday as long as I can get hold of her pay stub. The JAG wants to see what I may be entitled to. The JAG can give me legal advice because she didn't contact him first. Do you have any ideas as to what I should ask him other than BAH and Retirement? I had no idea she was getting extra money. Yes I have a lawyer but im not having much luck out of him. I'm kinda been doing all my lawyers work.
Thanks
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Miranda
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Redlegg is the resident expert on ANG regulations, but I know that the regulations are specific and she will owe you buku money, especially if she has not given you anything at all. The JAG cannot help with the retirement issue, but there shlould be a pamplet on it in the JAG office. Look for USFSPA literature.
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13.1...because I am only half crazy!
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robo
journeyman
Reged: 04/05/09
Posts: 50
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How does one figure out retirement based on points served in the army national gaurd? Marriage only lasted little over 3 yrs. I need the figures to counter her from getting mine. She didn't put down anything on the affiidavit of financial status. Do you know what the rules are on the BAH allowances if spouse moved out and isn't helping with mortgage? Thanks
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Redlegg
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It is a little different for a military retirement. As of right now the retirement is worth zero, it is not something you put money into and it builds up and then starts paying. If there is a TSP that is a different thing. You do not need to figure out how much the retirement is worth, only how much of it you wuold be awarded. The reserves use a different system. They go on a rank/time/point system. They award points for service, and you have to complete so many points per year for so many years. Normally you would get one point for every 4 hour drill period or 4 points a month. You would also get one point for every active duty day. You could retire at 20 years but you could not draw any retiremewnt money until you were 60. Now if you go agr, you then fall under the active Army formula which is a retirement that starts paying the minute one retires after having served 20 years. (37 would be the earliest you could draw a check) It is also a little different for someone who was in the reerves and then goes under the active formula. In order to retire under the active formula you have to have 20 years of active federal service completed. You cold not do 10 years in the reserve and then 10 active and retire on the active formula, you would still have to do 20 active. Reserve time does cont for pay purposes so if you did 10 years in the reserve and went to the active formula, you would have 10 years for pay purposes, which means your base pay would be based on the higher years of service, not when you went active. A service member gets a raise every two years, in addition to their usual annual raise, so every other year there would be two raises in the one calendar year. Generally you could expect to be awarded 7-8% of the retirement. That award would be for the length of her retirement or until she passed away. You could get the award, and she could get oout, and you get zero. if you take a dollar amount, you will get the dollar amount and that is it, if you get a percentage, you would the COL raises every year as well. For right now, under the current circumstances, you can figure you would be awarded 7-8% of what her retirement pays out, when she retires.
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Redlegg
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BAH, this is from the regulation,so ask if you have any questions...
The regulation is AR 608-99
It can be found at:
http://www.army.mil/usapa/epubs/608_Series_Collection_1.html
b. Pro-rata share. Under this paragraph, when the term "pro-rata share" is used with regard to BAH II–WITH, the
amount of each such share of BAH II–WITH is calculated using the equation in figure 2–1.
c. Calculation. The "total number of supported family members" in the denominator of the fraction in figure 2–1
includes all family members (regardless of residence) except the following:
(1) A soldier’s former spouse, regardless of whether the soldier is providing financial support to the former spouse.
(2) A soldier’s present spouse who is on active duty in one of the military services, unless financial support is
required by a court order or written financial support agreement (see para 2–6d(4)).
(3) A family member for whom the soldier is not required to provide financial support under this regulation or for
whom the soldier has been released by his or her commander from the regulatory requirement to provide financial
support pursuant to paragraph 2–13 or 2–15.
d. Single-family units. (See app B, para B–4.)
(1) Family unit not residing in Government family housing. The soldier will provide financial support in an amount
equal to the soldier’s BAH II–WITH to the family unit.
(2) Family unit residing in Government family housing. While the soldier’s family members are residing in
Government family housing, the soldier is not required to provide additional financial support. When the supported
family member(s) move(s) out of Government family housing, the soldier will provide BAH II–WITH.
(3) Family members within the family unit residing at different locations. The soldier will provide a pro-rata share of
BAH II–WITH to each family member not residing in Government family housing. The soldier is not required to
provide additional support for family members residing in Government family housing.
(4) Soldier married to another person on active duty in one of the military services. In the absence of a written
financial support agreement or a court order containing a financial support provision, a soldier is not required to
provide financial support to a spouse on active duty in one of the military services. With regard to a soldier’s child or
children (from that marriage or a prior marriage), a soldier will provide the following financial support in the absence
of a written financial support agreement or a court order containing a financial support provision:
(a) If the soldier does not have custody of any children, and the children do not reside in government quarters, the
soldier will provide BAH–DIFF to the military member having custody of the child or children.
(b) If the soldier does not have custody of any children, and the children reside in Government quarters, the soldier
is not required to provide financial support to the military member having custody of the child or children.
(c) If the soldier has custody of one or more children, the soldier is not required to provide financial support for a
child or the children in the custody of the other military member.
e. Multiple family units. (See app B, para B–5.)
(1) A soldier will provide financial support for each family unit and family member in the following manner:
(a) Family members covered by court orders will be provided financial support in accordance with those court
orders.
(b) Family members covered by financial support agreements will be provided financial support according to those
agreements.
(c) Family members residing in Government family housing who are not covered by either a court order or a
financial support agreement will not be provided additional financial support.
(d) Each family member not residing in Government family housing and who is not covered by a court order or a
financial support agreement will be provided a pro-rata share of BAH II–WITH.
(e) If the soldier’s present spouse is on active duty in one of the military services, the requirements of paragraph
2–6d(4) apply.
(2) The amount of financial support provided pursuant to a financial support agreement or a court order covering
one or more family units or members does not affect the calculation of the pro-rata financial support required under
this regulation for the financial support of any other family units or members not covered by such agreement or order
(see app B, para B–5a).
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robo
journeyman
Reged: 04/05/09
Posts: 50
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Thank you very much for the information. My wife moved out over a year ago and lift me to pay the mortgage. She is currently living with 2 other military friends off base. Does it state in AR 608-99 how much I the spouse should be receiving? There is no court order or separation agreement. We have no children. I just fined it a little difficult to understand all the regulations. The only thing that is filed is the dissolution of marriage.
Edited by robo (04/12/09 04:42 PM)
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Redlegg
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The regulation says that if you are the only dependent that she has listed as providing support for, then you get the entire BAH. That is only the case as long as there is no court order and you are not divorced yet. The day your divorce is final, it no longer applies. Any support at that time would have to be by court order.
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robo
journeyman
Reged: 04/05/09
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Thanks for spelling it out for me. I really appreciate your help. I may have a few more questions to throw at you between now and my mediation.
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robo
journeyman
Reged: 04/05/09
Posts: 50
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Should I wait to tell her that I know about the extra money she’s receiving or should I tell her now? I figured it may be a good idea to catch her off guard at mediation.
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Redlegg
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I am not sure about the entire deal between you, but I would think you would be better off showing her the Reg, and telling her to start paying what she is supposed to or you will elevate it. I don't think there is any benefit to waiting. This is not a voluntary thing that she can choose to do, it is required by regulation. As far as back pay, I am not sure if there is anything you can do about that. I am not sure the military can enforce it. A judge is not bound to enforce regulations, and is there anything showing that you were actually seperated, besides by distance. That is a question you need to ask JAG, or the Inspector General if JAG is not helpful. I do not see any benefit to waiting. Right now it is a requirement because there is no Court ordered support. When you finish this, a judge cannot order her to give you the BAH, but the judge can order a support amount. It may be higher, and it may be lower, or none. But once there is a court order, the reg does not apply.
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robo
journeyman
Reged: 04/05/09
Posts: 50
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I don’t want any BAH money from her but I would like to be able to use it as leverage if she is seeking a hug settlement. I wish I was asking these questions long ago. I have an appointment with the JAG this Wednesday. I feel like I’m really getting the short end of the stick.
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Redlegg
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I would not see it as leverage, because at this point, she only owes it to you every month, and that could be one or two, or whatever it will be. The retirement is a permanent award, that and possible survivors benefit plan. JAG may not be as much help as you think, their standard best advice is to get a lawyer, but see what they say. You are goiing to a NG installation I assume, they may be more knlwedgeable on the local and state laws and maybe can give you more help than a standard JAG. The BAH may be a chip, but it is not the only one. No one wants to give up even 10% of their retirement for the rest of their lives.
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robo
journeyman
Reged: 04/05/09
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My lawyer isn't well rounded on military regulation. I wish that I would have shopped around for a lawyer that has more experience with issues like this. People like you have been more helpful. At times I feel like I just want to give up and just get it over with.
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Redlegg
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The decisions you make now, are going to be for the rest of your life. When you talk settlement, what are you looking for???
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robo
journeyman
Reged: 04/05/09
Posts: 50
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I would like to settle on keeping the house I live in. Not sure if that is possible if I have to pay her half the equity we have in it. I'm willing to let it go if I have to. I haven’t seen a dime of help from her on paying the mortgage for over a yr since she has been gone. I didn't realize that she was collecting extra cash because of being married but its all make complete since now. I feel like a fool for not asking questions long ago.
You are right about the decisions I make will affect the rest of my life. Not sure what is right and what are wrong decisions anymore. She has played me and I have been the sucker.
Edited by robo (04/19/09 08:27 PM)
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Redlegg
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Well, 10% of her retirement for the equity in the house, I mean, what do you have to give her, for what you want. You will hear plenty of things, but the reality is what can you live with, and does it make sense for you?
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robo
journeyman
Reged: 04/05/09
Posts: 50
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I have a retirement as well so I’m sure that will just cross cancel out. When we refinanced the house 1 ½ yrs ago we paid off 3 of her equity loans on her pre marital rental properties so I feel she has already came out a winner. I really don't want to pay much more. I guess my limit would be 10,000 to just be gone.
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Redlegg
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Don't sell it short, what type of retirement do you have?
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robo
journeyman
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Pension kinda like a 401k
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Redlegg
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Pension kinda like a 401K.... Ok, if you have a retirement account, that is worth a specific amount now, that is one thing, but if you have a funded pension that is another. A military retirement has zero value every day of the month, except one, and that is the day she gets paid. There is nothing to divide except the payment. If you have one like a 401K, and there is an amount in it right now, that amount would be divisible and she may get half of that amount. Once that happens, it is done, and not to be revisited. Taking part of her retirement in the settlement is rolling the dice. What if she does not retire, or is medically retired with disability?? You get zero. So, what you could do is offer her 25% of your retirement, and you keep the house. You would be drawing her retirement until the day she dies. You could also make an offer for an amount. Figure out what she would get if she retired today, take that amount and keep the house. The reasoning behind that is that you would not get the COLA she would get on her retirement, so she would get to keep that. There are a few ways to approach it, but not knowing the numbers, that just means you have sit down and be a little creative. Whatever you are awarded will be for the rest of her life, and that is quite a bit over time.
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robo
journeyman
Reged: 04/05/09
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When married my retirement was worth about 55,000 now it’s about 70,000. She been working on orders for about 3 yrs as well.
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Redlegg
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So that would be divided now, hers will be paying you, out of her retirement for the rest of her life.
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robo
journeyman
Reged: 04/05/09
Posts: 50
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On her affidavit of financial status it shows a Thrift Savings Plan with a total of $16,500.00. On her pay stub next to the TSP category it has base pay rate with a number 2 beside it. On the pay stub it looks like there is only $111.00. Is she getting extra for that savings account as well for being married?
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Redlegg
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The TSP comes from her pay, and it is not extra.
This may help you better understand what your looking at:
www.dfas.mil/militarypay/militaryemploymentverification/army_reading_your_les.pdf
www.dfas.mil/militarypay/newinformation/Reserve_Guard_LES_Guide.pdf
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Miranda
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You would get half of her TSP too (that accrued during the marriage). My cousin got 15K of her ex's TSP. It does look like you all have assets that could cancel each other's out. She still owes you the BAH she should have been paying JAG can help you with that.
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13.1...because I am only half crazy!
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robo
journeyman
Reged: 04/05/09
Posts: 50
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That would be nice if I could use that as leverage for a settlement. I'm meeting with the JAG tomorrow. I’m feeling like I’ve been taking advantage of for her personal gain. I should have been asking these questions long ago. Do you think he can do some foot work for me by contacting her commanding Officer?
Edited by robo (04/21/09 09:12 PM)
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Redlegg
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Why would you want to contact her Commanding Officer? What exactly did JAG say they would do for you???
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Miranda
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Sure you can contact her CO, but you need a reason to. I would contact the CO if she refused to pay you what she is supposed to pay per Army regulation. There is no getting around that. You need to call her bluff first.
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13.1...because I am only half crazy!
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Redlegg
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I am getting the feeling that maybe the past BAH is being looked at as a bargaining tool, which it may or may not be. I really do not think anyone can make her give him the back pay, only from the time the Chain of Command was notified. I would not swear to it, but I am pretty sure they can only go from when they know. I agree with Miranda 100% percent, confront her with the regulation, and her requirement to pay. If she does not, then there are other steps.
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robo
journeyman
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Posts: 50
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The JAG said that if I make more money than her I’m out the BAH. JAG called my attorney and gave her CO phone # to him. The JAG said that my attorney should call her CO to verify if I qualify to receive the BAH or not. He also said that her CO may want my pay stub to compare and see. He also said that I’m entitled to receive half of her thrift savings account.
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Redlegg
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Must be a national guard thing, ask them what regulation they are basing that on???
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Miranda
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[quote]The JAG said that if I make more money than her I’m out the BAH. JAG called my attorney and gave her CO phone # to him. The JAG said that my attorney should call her CO to verify if I qualify to receive the BAH or not. He also said that her CO may want my pay stub to compare and see. [/quote]
I have never heard of that either.
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13.1...because I am only half crazy!
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Redlegg
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What state???????
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robo
journeyman
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He based it off AR608-99. I have a photo copy of it but I find it very hard to follow. Could he be mistaken on the regulation? If so who else can I turn to for a second opinion?
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Miranda
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AR608-99
Redlegg...do your magic.
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13.1...because I am only half crazy!
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Redlegg
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This is what they are talking about:
(3) The income of the spouse exceeds the military pay of the soldier. This subparagraph authorizes a battalion
commander to release a soldier from the regulatory requirement (under paras 2–5a(3) and 2–6) to provide financial
support to his or her spouse but not from the requirement to provide financial support to the children from that
marriage. This does not give the battalion commander authority to release a soldier from the requirement to provide
support required by a court order or a written financial support agreement. With regard to the regulatory requirement to
provide financial support for a spouse, a battalion commander may release a soldier from this requirement if both
paragraphs (a) and (b), below, apply.
(a) The monthly income of the supported spouse exceeds the monthly military pay of the soldier.
(b) The soldier is not receiving BAH–WITH solely on the basis of providing financial support to that spouse or
agrees to terminate such BAH–WITH effective upon the date released from the support obligation.
And the way I see it, it does not apply becasue she is receiving BAH soley because you are her spouse, otherwise she would not be getting it. So what it comes down to is that if she gets it, you get it, if you do not get it, no one does. Does she have any children that she is supporting.
Both requirements have to be met, not just the one about your income exceeding hers.
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Redlegg
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Read through paragraph 2-14
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robo
journeyman
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Nope neither one of us have any children. I’m going to email your statement to my lawyer along with the web link AR608-99 so he can review it. I'm going to follow up with a phone call to him tmw.
Finely I'm hearing something that might get her to move a little faster.
You have been so helpfull.
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Redlegg
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One other question you can ask if you have proof of non support is why has the regulation been ignored for so long??? That is a question of her choice, not the military's. it may come out that she was wrong, a little coounseling and end of story, but it may be worth bringing up if you need it.
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robo
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We have separate checking accounts so I think it would be really easy to prove. Should the question be asked to her CO?
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Redlegg
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You have the regulation, read the paragraphs about the BAH, and become familiar with them. These are questions you need to ask her. She is subject to the regulation, she is not in compliance. She needs to be in compliance, or you will elevate it. Give her one chance to do the right thing, if she does not, then elevate it. When you talk to the CO, you can then explain that you tried to give her a chance to so the right thing, and she refused to follow the regulation. That has a little more credibility than crying foul and trying to get the Co to get her to do the right thing, as the first step.
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robo
journeyman
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Ok I will call her this weekend and see what she has to say about it.
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robo
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Wow! Did I ever get a reaction from her, and it wasn't good. She said that she gets $200 extra per month for being married and she doesn’t have any extra money to give me. I told her that I would elevate it if I didn’t start receiving any BAH. She said to go ahead and take it to the JAG.
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Redlegg
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JAG ain't the one, JAG explains laws, and represents the the interests of the government. Accordign to the regulation, either you get it or she get's none, so it is definitely more than 200 You have one of her LES's so you should be able to tell. If not go here ,and you should be able to get a decent idea
http://www.militaryforsaleforrent.com/basic_allowance_for_housing.shtml
Where is she stationed at???
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robo
journeyman
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I was thinking the same thing when she said that. I hope my lawyer contacts her CO then she will be counseled. She has fulltime orders in IA. I do have one of her LES's. She's an E-7 and makes 1336.00 per month. When I was telling her about this she snapped at me like trying to take a bone any from a wild dog.
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Miranda
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Okay for whatever reason my post was erased. Don't wait for your attorney to do anything. You can now contact her CO if she is not willig to abide by regulation.
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13.1...because I am only half crazy!
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Redlegg
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Miranda is right, your attorney cannot do anything for you that you cannot do.
When your assigned to a school, you are assigned for all functions to include personnel actions, and admin stuff, including UCMJ. They should be able to handle everything since they are basically her Command now.
RTI Administrative Sergeant - 515-334-2770
Administrative Officer - 515-252-4636
WOC Administrative Officer - 515-334-2775
Call these numbers and ask how you can get the support started to you, or stopped all together. Use the regulation so you don't sound like a disgruntled spouse.
here is a website with points of contact that may or may not help you, but you can get this thing started with all the information you have. Remember, this is not a question of can you get her to do this, this is an issue of why she is not in compliance with the regulation.
http://www.iowanationalguard.com/family/Contacts.htm
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robo
journeyman
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Okay, I will make some phone calls tomorrow. I will try to be professional about the regulation. I'm going to be nervous making the calls.
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robo
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I'm hopeful that I will be in touch with her CO by tomorrow. If for some reason the BAH gets stopped all together would there be a chance that she would receive BAH without a dependent even if we is married?
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robo
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I don't know if talking to her co this late in the divorce is really going to work in my favor, all it's going to do is provoke her and she will just want to retaliate by trying to make my life even more miserable. Anyone have any advice for me? Part of me wants to let the BAH slide?
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elliesmom
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It may spur her into finishing this thing NOW instead of waitng. Do you have a settlement offer prepared? I would have one in her hands to sign before I phoned her CO. That way you can tell the CO - Hey, she hasn't paid her BAH to me as she is supposed to AND she is refusing to sign the divorce papers deliberately delaying our divorce. I just want what is mine - one way or another.
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Forgiveness is...letting go of the hope that the past can be changed.
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robo
journeyman
Reged: 04/05/09
Posts: 50
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Your right, I think I’m going to have to bring this issue up to her CO. I shot an offer to her long ago but she refused it and never gave me a counter offer.
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Redlegg
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What is the point of telling her CO she is refusing to sign the divorce papers????????
The only thing you need to hammer out with the CO is the BAH. If anything tell her you will leave it as is if she is prepared to settle, if not you will push the BAH issue.
She is required to follow the regulation, no more, no less. If she does not, and you do not bring it up, then it is a dead point. If she is refusing to follow it, there are ways to influence that. Getting her to sign divorce papers is none of the CO's business.
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elliesmom
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I didn't mean that the CO would make her sign the papers.
I just meant s/he will NOT want to deal with the is BS. And will make it VERY clear to her. And she CAN plead poor to her CO show him a budget and get him to back off the BAH. I was trying to remind you that if you want the CO to be shall we say, sympathetic, make it clear you're not out to rob her blind you just want this over with. And if taking the BAH is the only way to get her to answer to the court procedings, well thats what you have to do.
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Forgiveness is...letting go of the hope that the past can be changed.
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Redlegg
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How can the CO back off the BAH when it is specifically dealt with by regulation. This is not a volutary thing the CO can just ignore. She has to be in compliance, and how could the CO possibly back off with what he is required to do. The question was more towards the OP. It is really not even worth mentioning(not signing the paperwork), because the CO is powerless to do anything about it.
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elliesmom
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When DH was going through stuff, he was able to not pay his STBX his BAH because after he turned everything off in his name - she had it turned back ON in his name (cable, phone, cell, internet, utilities, blockbuster, lol) and ran up the bills until they shut them off. They were pursuing him for all these bills. He was also paying the mortgage in a house she was free to live in (alone as he had been transferred) but left it. AND she wanted the BAH. He showed the CO his situation and they agreed that since he was paying the mortgage on a house that she had exclusive use of as well as the family bills - he was in a way paying the BAH. He did move out of his apartment and into the barracks - not sure if it was because he was in financial dire straights or because the CO recommended he do that as this all predates my involvement. But the CO was very sympathetic to him and therefore interpreted the regulation in a way that benefitted him. Had she pressed the issue further I don't know what would happen. But t doesn't sound like this guy REALLY wants the money - he wants his STBX to take care of business.
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Forgiveness is...letting go of the hope that the past can be changed.
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Redlegg
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The Navy does it very differently.
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robo
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I know it going to piss her off once I call her CO. She keeps missing the scheduled mediation appointments because conflicts with her military schedule. The court ordered mediation has expired. If I knew that this could drag on for 3 or 4 more months I would call her CO for sure.
This is what my lawyer emailed her lawyer this morning.
Scott:
FYI, Rob emailed me over the week-end. Apparently, he told Tammy
about the mediation on Friday. She informed him that she is unavailable
for two weeks. Have you been able to speak with her?
Also, I have yet to submit a request for extension of time to complete
mediation to the court. I had hoped to present one early this week.
However, I wanted to include the mediation date so as to apprise the
Court of the fact that we were diligently moving forward. Perhaps you
could prepare and present one that includes a statement of why your
client continues to be unavailable. Is she still on active duty?
Please advise of your thoughts in this regard.
Mike
Edited by robo (05/04/09 11:25 AM)
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elliesmom
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Yeah - actually (I don't know if this is still the case) DH says the whole BAh thing does not apply to the navy. He said they actually have a percentage of each type of pay that basically boils it down to 60% of your pay goes to your spouse if you have no separation agreement. It was a nightmare. So that may have been why he moved into the barracks - to lower his pay thus lowering the amount she was "owed."
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Forgiveness is...letting go of the hope that the past can be changed.
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Redlegg
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I believe the Navy gives a certain percentage based on the number of dependents, the more dependents, the more pay, up to a certain amount.
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Redlegg
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Request a date for later than the two weeks or have them set a date. it is not unusual for a short period of time like, to be blocked off for something they are doing specific in school. That is nto unreasonable. Set iot later or have her set it with on 30 days, or something that works for both of you.
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robo
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[quote]
Pension kinda like a 401K.... Ok, if you have a retirement account, that is worth a specific amount now, that is one thing, but if you have a funded pension that is another. A military retirement has zero value every day of the month, except one, and that is the day she gets paid. There is nothing to divide except the payment. If you have one like a 401K, and there is an amount in it right now, that amount would be divisible and she may get half of that amount. Once that happens, it is done, and not to be revisited. Taking part of her retirement in the settlement is rolling the dice. What if she does not retire, or is medically retired with disability?? You get zero. So, what you could do is offer her 25% of your retirement, and you keep the house. You would be drawing her retirement until the day she dies. You could also make an offer for an amount. Figure out what she would get if she retired today, take that amount and keep the house. The reasoning behind that is that you would not get the COLA she would get on her retirement, so she would get to keep that. There are a few ways to approach it, but not knowing the numbers, that just means you have sit down and be a little creative. Whatever you are awarded will be for the rest of her life, and that is quite a bit over time.
Can you help me figure out what her retirement would pay out if i was to draw it out when she retires? The JAG gave me this formula to use.
PTS Times 1
PTS total 2
Edited by robo (05/09/09 11:09 AM)
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Redlegg
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The first step is to calculate the number of equivalent years of service. The formula for computing equivalent years of service for Reserve retired pay at age 60 is fairly simple:
Total number of Creditable Retirement Points, divided by 360.
The formula computes the number of equivalent years of service you have completed (comparable to full-time service). For example, 3,600 points equals 10 years.
Depending on the date you initially entered military service, also called your DIEMS date, your monthly Reserve retired pay will be calculated under the “Final Basic Pay” or “High-3” formula as follows:
Multiply your years of satisfactory (equivalent) service by 2.5%, up to a maximum of 75%. Multiply the result by the average of your highest 36 months of basic pay. The highest 36 months for a member who transfers to the Retired Reserve until age 60 will normally be the 36 months before he or she turns 60. Members who request a discharge from the Retired Reserve before age 60, however, can use the basic pay only for the 36 months prior to their discharge. Think carefully before requesting a discharge from the Retired Reserve!
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