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Bluesoda
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Reged: 02/29/08
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Help with Retirement Pay and CRDP to ex spouse!!
      #368516 - 02/29/08 09:42 PM

I recently retired and I am paying a percentage of my retirement pay to my ex-spouse per the divorce decree. In the decree it states: "The Husband agrees not to pursue any course of action which would defeat, reduce, or limit the Wife's right to receive her share of military pension benefits, including merging the retired pay with any other pension, or waiving any portion of the retired pay in order to receive disability pay. waiving any portion of the retired pay in order to receive disability pay. Should the Husband pursue such cause of action as mentioned above, he will still be liable for the amount the Wife should have received pursuant to the Retirement provision herein."

I just received my disability percentage and I will also receive CRDP.

The Question is:
I know I have to pay the full retirement percentage amount do to what it says my decree even if it is offset by Va Disablility compensation, so if I am still paying the full amount do I have to also pay a portion of the CRDP?

Or, do I just pay the retirement portion and the CRDP portion and keep the difference on the VA Disability Offset?


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Redlegg
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Re: Help with Retirement Pay and CRDP to ex spouse!! [Re: Bluesoda]
      #368563 - 03/01/08 07:29 AM

Your military pension is just that, your pension. Disability is not included. In this case, when you waived yoru retirement for the disability it looks like you would have had to have given her the same amount no matter what. Since you are getting concurrent receipt, your amount of the retirement will not change, so you give her the same amount from your retirement, her portion does not change and you get the disability as well. She is not entitled to any of the disability, but she is entitled to an amount equal to the percentage of yor retirement no matter where it comes from, in this case nothing changes because any amount waived for disability is off set by the concurrent receipt, so you just continue on as if the concurrent receipt did not exist and give her the amount required by your settlement. it seems as if it will come from your reduced retirement and your concurrent receipt, and your disability is just that yours. It does not seem to state that she would get any MORE if you got disability, only no less.

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Maury
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Re: Help with Retirement Pay and CRDP to ex spouse!! [Re: Redlegg]
      #368730 - 03/01/08 06:46 PM

The answer may depend on your court oder. When Military Retired Pay is involved, I always include language that includes any recharacterization of that benefit as disability in later years. that has been upheld in my state.

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Redlegg
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Re: Help with Retirement Pay and CRDP to ex spouse!! [Re: Maury]
      #368877 - 03/02/08 06:00 AM

This is a relatively new program. Federal law prohibits the distribution of Military disability payments. In the milkitary retirement system, if you received a disability rating, the military cut yoru retirement dollar for dollar by the amount of disability you received. This in effect reduced the amount of your payments received as retirement and would lower any payments to an ex spouse based on them receiving a portion of the retirement. Some courts knowing that disability cannot be divided, accepted language that stated if the retirment was lowered due to this, that an equal amount would be received. The concurrent receipt program allowed the veteran to receive the disability and not cut the retirement. The former spouse would get the exact same as they were getting from the retirement, but now the veteran would also receive the disability, a benenfit which is not divisible. I am sure you are aware of this, but the real question to me is basically does he have togive a percentage of the new total, which would include the disability ? The way it and the standard orders would read to me is no, since the former spouse is getting the same amount as a percentage the retirement and now the veteran is receivein ghis disability. I am not sure if that makes sense, but have you run into issue with concurrent receipt where the former spouse is entitled to anything above and beyond the retirement?

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cb62341
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Reged: 01/21/08
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Re: Help with Retirement Pay and CRDP to ex spouse!! [Re: Redlegg]
      #369223 - 03/03/08 03:41 PM

I do believe the law changed to where you receive your full retirement and disability.....it used to be they subtracted your disability from your retirement for tax purposes because you could not have both fully....I do believe that has now changed wher you receive both fully.......

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"It is What it is" "Keep it Simple"


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Redlegg
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Re: Help with Retirement Pay and CRDP to ex spouse!! [Re: cb62341]
      #369384 - 03/03/08 07:45 PM

The laws did change, and its not all veterans, and it is being phased in. The ex spouse should get a percentage of the disposable retirement pay, and disability is not a part of that, but some property settlements say that if retirement is waived for disability then the retired member must pay an equal amount. But the way I see it, it should never go above what the percentage of the retirement is, and any disability does not count.

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