BurnedbyDivorce
recently joined
Reged: 10/31/09
Posts: 12
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Ex-wife was awarded a portion of my retirement... the decree reads:
"military retirement shall be divided as the community interest of Petitioner/Wife in accordance with the Timeline Rule with the date of marriage being [censored] XX 1997 and the date of separation being [censored] XX 2008"
Couple of questions... is this written well enough that the courts/military can determine exactly how much she will get? Or do we need to go back to court to have it re-written?
They have to take into consideration my rank at the time of divorce also.
Also, I am 3 years out from retirement and she is already working with her lawyer to get all the paperwork in order to start payments as soon as I retire... leech. How is this possible based on the content above?
I am hiring a lawyer soon to see if I can get this overturned... wish me luck!
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Redlegg
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Reged: 10/05/06
Posts: 26686
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It does not sound like it is enforceable under the USFSPA. I think it will have to be clarified. I am not sure where the rank at the time of retirement has to be considered, I have never seen that, but it may be something new.
If the order was more clear, it would only require your retirement date, they could plug that into the formula and determine how much you would be giving her. Chances are they will use the required 90 days from your retirement date to insure you do not have any legal issues as to why the award is not legal. DFAS will give you the time to present a legal determination that the award is not legal, or valid. You cannot just dispute it.
Right now it seems as if there is no reason to overturn it, but there is a reason to clarify it(in my opinion). Check with a lawyer for professional advice, and of course, good luck.
This may help:
w ww.dfas.mil/garnishment/military/AttorneyInstruction-01-04-10.pdf
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elliesmom
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Reged: 11/07/05
Posts: 8835
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You will need a clarifying order. Hire your own lawyer. In order for it to be based on your rank at divorce DFAS will require a number. You can't write it (for example) "based on the base pay at E-6" You have to write it "shall be based on the base pay of 2400/mo."
DH's is pretty much the same way.
You want your attorney writing it - not hers. Have him/her talk to the DFAS helpline staff to make sure everything is written in an executable fashion. DFAS will not do any calculations aside from multiplying the fraction they are given by your actual retired pay. Anything else has to be written out carefully.
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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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Reged: 10/05/06
Posts: 26686
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That is interesting, clarifying vs. changing the order. I wonder if it will get by her lawyer, if she has one. Would love to hear about the results.
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BurnedbyDivorce
recently joined
Reged: 10/31/09
Posts: 12
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[quote]That is interesting, clarifying vs. changing the order. I wonder if it will get by her lawyer, if she has one. Would love to hear about the results. [/quote]
She has one... the same one that she had when we got divorced. I'm not sure how she can afford to retain him or if he offering his services for free. Ironic, because I had to pay for her lawyer fees as part of the divorce settlement.
I just got notified by my "old" lawyer that her lawyer has sent a motion for military retirement to his office. He is forwarding it to me. I have 10 days to sign and return it. Wonder what it says? Stand by, sure I'll need some advice.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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Let us know
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