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USFSPA_Help
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USFSPA Help
      #781211 - 03/30/12 01:29 PM

I am about to retire from the military soon and have a question I have been trying to find an answer to. My divorce decree states "Defendant is entitiled to Plantiff's military retirement to be calculated using the standard formula for military service for the period of the parties' marriage and military service...". My questions are: will I have to give her anything? If not can she take me back to court to get the proper thing put in there to get it? If she can take me back to court to try to get it is there a time limit? Anu help would be much appreciated.

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Miranda
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Re: USFSPA Help [Re: USFSPA_Help]
      #781212 - 03/30/12 01:39 PM

First off, how long were you married and what state holds jurisdiction? If it was longer than ten years DFAS will cut the check directly to her and I am going to assume that DFAS would not accept that as a legal equation and request a clarifying order.

What would make you think you do NOT owe her anything (legally speaking)? It is in your court order that the retirement is divided.

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13.1...because I am only half crazy!


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USFSPA_Help
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Re: USFSPA Help [Re: Miranda]
      #781214 - 03/30/12 01:45 PM

We were married 12 years and it is Wyoming. DFAS has nothing to calculate based on the decree. I also have nothing to calculate based on the decree so that is why I think I owe her nothing. The court order does not say how to divide it. She is a GS employee making a lot more money than I do and will have her own retirement that will be better than this. Is there a cutoff time for the clarifying order?

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USFSPA_Help
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Re: USFSPA Help [Re: USFSPA_Help]
      #781215 - 03/30/12 01:46 PM

By the way neither one of us live in Wyoming now. I do not know where she is and I am in Texas.

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Miranda
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Reged: 06/02/05
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Re: USFSPA Help [Re: USFSPA_Help]
      #781222 - 03/30/12 02:39 PM

She would have to petition the court in Wyoming and request a clarifying order. I don't think there is a time statute on clarifying an existing order, but you could contact a lawyer in your former area and pay for a 30 minute phone consultation. JAG would be of little help as this is a civil issue. I wouldn't put it past her. 12 years is a long time to be married. It does not matter what she does now or what she has now, it was ordered in your decree and she was awarded part of your retirement.

I wouldn't offer her and info or anything but don't think because she does not act that she cannot act in the future. She could wait 35 years and go to court and if she wins, you'd ower her the $$$, it's really that simple. This happens all the time with DFAS wanting/needing a clarification order and the former spouse getting it.

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13.1...because I am only half crazy!

Edited by Miranda (03/30/12 02:40 PM)


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