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#766350 - 02/03/14 07:15 PM USFSPA ? Please help.
haventstartedyet Offline

member

Registered: 10/02/10
Posts: 133
I am the former spouse of a military member(Army). I am quite sure he is about to retire in the next year or so. It is in our divorce decree that I am to receive monthly payments from his retirement(a low percentage, but a percentage nonetheless). I need to know how soon beforehand can I send in the required paperwork? I have the paperwork filled out & ready to go, but was afraid of sending it in too early.

Also, I know he is required to tell me of his retirement a certain amount of time beforehand. Take my word oh this, he has no intention of telling me that. He tells me next to nothing as it is. What would happen if I turned in the paperwork after he retired? Do I lose out?

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#766351 - 02/04/14 05:04 AM Re: USFSPA ? Please help. [Re: haventstartedyet]
finz Offline
Carpal \'Tunnel

Registered: 06/17/08
Posts: 6756
Is there such a thing as sending it to early ? I would think the sooner they have it, the better. If they file it with his stuff, when he puts in his retirement papers, they'll see your documentation there.

Why not call the Army and ask them ?

There are a few forum members here who were in the military or have spouses who are/were. Hopefully they'll see your post at some point, but I believe they don't read the spousal support forum as much. You might want to ask this question on the Military forum here at Divorce Source.

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#766352 - 02/05/14 01:09 PM Re: USFSPA ? Please help. [Re: finz]
Redlegg Offline
Carpal \'Tunnel

Registered: 10/06/06
Posts: 27903
dfas.mil/garnishment/usfspa/faqs.html#list-item-5

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#766353 - 02/05/14 06:02 PM Re: USFSPA ? Please help. [Re: Redlegg]
haventstartedyet Offline

member

Registered: 10/02/10
Posts: 133
Directly from the site: A photocopy of the certified order is acceptable. In order to complete the application, the former spouse may have to submit additional documentation for DFAS to determine whether all requirements, such as 10/10 or jurisdiction, were met.

I don't know what they mean by '10/10' or what is meant by 'jurisdiction' being met. Our divorce was in GA & niether one of us lives in GA now. I am thinking this may be an issue. Before I start faxing things I would like to be sure all my ducks are in a row first. Does any1 know anything on either one of these that could help me? Thx.

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#766354 - 02/05/14 06:50 PM Re: USFSPA ? Please help. [Re: haventstartedyet]
Redlegg Offline
Carpal \'Tunnel

Registered: 10/06/06
Posts: 27903
dfas.mil/garnishment/usfspa/legal.html

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#766355 - 02/05/14 07:12 PM Re: USFSPA ? Please help. [Re: Redlegg]
haventstartedyet Offline

member

Registered: 10/02/10
Posts: 133
The 10/10 rule has been met at this point so that won't be an issue. I guess the word 'jurisdiction' still has me confused. I'm hoping that I'm correct in saying that because my X is military & moves every few years that 'jurisdiction' isn't going to be something to worry about in his case. Now in my case, I still have to move my jurisdiction to MD since it's still considered GA. I have no idea if jurisdiction in my case will be an issue.

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#766356 - 10/24/16 12:55 AM Re: USFSPA ? Please help. [Re: haventstartedyet]
haventstartedyet Offline

member

Registered: 10/02/10
Posts: 133
I have an additional question on this. Let's say 10/10 isn't met, but it still shows in our divorce decree I am to receive a percentage of his retirement pay? Would I still get it? Does the divorce decree trump the 10/10, since it shows he agreed to this percentage of retirement pay? I can't say for sure on the facts right now, so just asking a hypothetical question.

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#766357 - 10/24/16 01:45 PM Re: USFSPA ? Please help. [Re: haventstartedyet]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 339
You're still entitled to what your divorce decree says. The 10/10 rule only means that you can have DFAS pay you directly. If not met they will pay the full amount to your ex and he will be responsible for paying you your share. If he fails to do so he's in contempt of court, but you'd probably have to take it back to the court that issued the decree. .

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#766358 - 10/24/16 11:47 PM Re: USFSPA ? Please help. [Re: TJMH]
haventstartedyet Offline

member

Registered: 10/02/10
Posts: 133
Oh no...that brings up a whole new set of questions then. Let's say that we didn't meet the 10/10 rule requirement. How would I even know what the monthly share to me would be if I don't know how much he's being paid? Ugh! I seriously can't believe that I would have to count on my X to make those payments to me directly. Will I receive paperwork from DFAS on this so I know when the payments will start & how much they'll be? Does anyone have a general DFAS phone #? I really need to talk to someone about this.

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#766359 - 10/25/16 12:06 AM Re: USFSPA ? Please help. [Re: haventstartedyet]
haventstartedyet Offline

member

Registered: 10/02/10
Posts: 133
I'm not sure if I can post this. But I found this & it fully explains the 10/10 rule & issues that arise from that during a divorce & after. livesaymyers.com/10-year-rule-military-divorce/ However, I still don't understand how anyone can expect an X, especially one that is so defensive & uncivil, to pay their X any portion of their retirement pay. Just brings up a whole other set of court dates if you ask me.

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