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Dave, We spoke earlier about my son who was granted part of his wifes pension when she retires. Our question is will he still be eligible for that pension if he remarries.
Thanks, Roger |
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"Has Been 5" Lead Moderator Sound Off Forums  |
Roger:
Here is a Copy & Paste from the regulation: Former Spouse’s Military Benefits: Under the USFSPA a former military spouse is eligible for full medical, commissary and exchange privileges when the following apply to the marriage. The marriage last at least 20 years. The military member performed at least 20 years of service creditable for retired pay. There was at least a 20 overlap of the marriage and the military services. If the spouse remarries, eligibility for benefits is terminated. The benefits are revived if the subsequent marriage ends in divorce. I will cast no stones. Another proud member, Derelict Veterans Group. “OF MUNERIS UT TOTUS”  |
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"Has Been 5" Lead Moderator Sound Off Forums |
Here is the entire regulation:
Service members Civil Relief Act Military members have legal protection from divorce proceedings that are not established for civilians. Under the Service Members Civil Relief Act military members are protected from lawsuits including divorce proceedings so they can “devote their entire energy to the defense needs of the Nation.” A court can delay legal proceedings for the time that the service member is on active duty and for up to 60 day following active duty. Jurisdiction of the court: If the spouse of a military member seeks a divorce, the activity duty spouse must be served with a petition for divorce in order for a state court to have jurisdiction over the military member. If the activity duty spouse is serving overseas or deployed in time of war it may be requested that military authorities serve the activity duty member. The active duty member can refuse to accept the service and if this happens you may request the court serve the member. This can complicate the divorce process because not many courts are going to send someone a long distance to serve a military member. So, if your spouse is deployed or serving overseas you may have to wait until they return to the area to start the process. Residency and Filing Requirements: Many states will allow a military member or their spouse to file for divorce in the state the military member is stationed. It would not matter if neither is a legal resident of the state. Military members and their spouses have three choices when it comes to which state to file for divorce. State where the spouse filing resides. State where the military member is stationed. State where the military member claims legal residency. Whichever state they file in the grounds for divorce, property distribution, child custody and child support issues are governed by the laws of the state where the divorce petition is filed. Division of property: Division of most marital property and assets is dependent on the laws of the state in which the petition for divorce is filed. Military pension is different and is governed by the Uniformed Services Former Spousal Protection Act. The USFSPA authorizes direct payment of a portion of a military retirees pay to the former spouse and extends some base privileges to certain former spouses. The USFSPA allows state courts to treat disposable retired pay either as property solely of the military member or as property of the member and his spouse in accordance with the laws of the state court. The USFSPA does not contain a formula for calculating the appropriate division of retired pay. Although up to 50% of a military member’s retired pay may be awarded, it is the state laws that will determine the exact division of the retired pay and most state courts have a formula for calculating division of military pay. It is important to understand that the USFSPA does not mean that just because you are married to a military member, you will get a portion of his retirement. Splitting of military retirement pay is not mandated by the USFSPA. If you are awarded a portion of the military member’s retired pay is up to the courts and they will treat it just like property or benefits in a civilian divorce. Also, your divorce decree must read that you were given a portion of the retirement and it must be written as a percentage. For example, if you were married to a military member for 10 years the courts may decided you are entitled to 1/3 of the military retirement. It must state in your decree that you have been awarded 33% of the spouses retired pay. Defense Finance and Accounting (DFAS) has very strict rules when it comes to the wording of a divorce decree. You would be wise to notify DFAS and familiarize yourself with those rules and regulations. Former Spouse’s Military Benefits: Under the USFSPA a former military spouse is eligible for full medical, commissary and exchange privileges when the following apply to the marriage. The marriage last at least 20 years. The military member performed at least 20 years of service creditable for retired pay. There was at least a 20 overlap of the marriage and the military services. If the spouse remarries, eligibility for benefits is terminated. The benefits are revived if the subsequent marriage ends in divorce. Child Support: All military members have a duty to provide support for their children, as well as their spouses, so their wages may be garnished in order to ensure the payment of proper support. Child support may not exceed 60% of a military member’s pay and allowances. Unlike a civilian divorce, if you divorce a member of the military and they do not follow court orders pertaining to child support, you can go to their commanding officer for him. It is like having extra added protection against a deadbeat parent. I will cast no stones. Another proud member, Derelict Veterans Group. “OF MUNERIS UT TOTUS” |
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Now OldArmyLOVE ------------------- Founding Member ------------------- |
Dave, my dear friend, Have you considered open threads that you can post to with links to discussion threads. Everyone else could be in a read only mode. I think that would give all of us who feed on the great matteral that you post and yet not get us bogged down extrainous information?
Yearning for May to come soon that way we could all see eacher's face and shake hands and even a hug, for the brothers. Until then, have another A&W on me.  Bruce, "album custos" Proud member, Derelict Veterans Group. A listening ear, a caring heart, an open mind and an extend hand may be all I can offer, but they are yours without charge or judgment. |
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"Has Been 5" Lead Moderator Sound Off Forums |
Thanks for reminding me  I am linking this one!BTW Roger is a Cony vet! Please welcome him to our site! In case anyone does not know what Cony Vet means, I will explain. The USS Cony DD 508 was a destroyer (Tin Can) that saw action in WWII, Korea, Bay of Pigs Cuba also the Cuban blockade, and Vietnam. The Cony was my happy home for a couple of years. Two of the three years I was aboard completely or in part the Cony won the Fleet best food award!  A scrappy fighting ship that saw action, putting sailors ashore in top secret combat, dropping grenades on Russian subs and a whole lot more. Welcome Roger! I will cast no stones. Another proud member, Derelict Veterans Group. “OF MUNERIS UT TOTUS” |
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Derelict Veterans Group Eres Tu! Freddy  |
So Dave Pray tell...where and what port of call did you kidnap the "Chef" from that caused you guys to have such great meals? Eres Tu! Freddy |
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"Has Been 5" Lead Moderator Sound Off Forums |
His name was Chief Hancock. He was a great organizer. I always held him in high esteem. He reminded me of a close uncle, just a super guy who knew exactly what to do. Actually all of the Chiefs on the Cony were superior to others I met elsewhere, the Officers as well were a far cut above average. However that being said "pass that cornbread mate! I will cast no stones. Another proud member, Derelict Veterans Group. “OF MUNERIS UT TOTUS” |
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HELP!!!!! Needing advice, This is another Texas Divorce issue....USFSPA should be revised to stop the rip off of our veterans who risk their lives for over 20 years to end up with not even enough to live on!!!!!! A friend is in the boat with most of you here. His ex spouse gets part of his retirement. 38% The story is He was relocated to new duty station to enin 2002. His ex refused to move to the new station. for 6 years he had his entire pay..e deposited into their bank account for her use except for $900.00 allotment he took out for himself. (not even enough for rent and utilities in the area) VA Beach. He lived in his car for a few months. For most of the marriage he solely supported the family as she didn't work. He solely supported the family while she persued a college degree...(she received a Masters Degree in agricultural science. As soon as she got her degree (took about 8 years) and went to work she filed for divorce. During the 6 years he was at his new duty station, she had another man living with her...(in base family housing) she was giving this man money...(cancelled checks and her own admission in an email,as evidence) during the divorce period which wha filed Dec. 2007, and lasted over a year, he continued to give her his entire, pay less the $900.00 he had alloted to himself. If he tried to change the amount she was she was receiving, she would call his command and tell them he cut her off cimpletely, even though he had his LES as proof, his command threatened him with NJP if she continued to call. During the divorce he found that in 2005 she had taken the required parenting classes for a divorce proceeding..yest leading him to believe the marriage was intact...until she handed him the divorce petition. All the marital property and most of his peronal property was left in her care since that was where he considered his home. She filed the joint taxes..in 2008(during the divorce proceeding)and even though they had agreed to split the refund equally,she cashed the check and kept the entire refund over $5,000. She also got the stimulus refund in 2008(over $2500.00). He told her she has no authority to sign the check, yet she forged his signature on the check and kept the entire funds. In the divorce decree her Attorney put together, she asked for everything. Including 50% of his retirement. She aslo requested he keep a $200,000.00 life insurance policy with her as beneficiary until the last child was 18. He got an attorney for the hearing...the attorney screwed him!!!! Being in VA and the Divorce in TX, and he was only living on $900.00 a month it was hard to get to TX for this and that and hearing after hearing. So finally they had a settlement hearing, in which this man was threatened and basically cohersed into agreeing to give her everything....He got his truck a 1987, a boat 1987(worth junk price after the ex wife destroyed the inside, seized the motor, and his cloths in storage that had milded and mildewed. She got the other 2 vehicles, all the household goods, she DID NOT have to make restitution for the forgery of the tax or stumulus checks she kept. She got her 100% Teachers retirement, she was to get $200,000.00 life ins (but it was stipulated in the settlement conference only until he retired from the military)he provided medical for the children, and she got 38% of his retirement. When he received the divorce decree to sign as an agreed settlement, there were things added, and pertinent parts that were agreed to omitted...(such as the life insurance ending with retirement) he refused to sign the documents since they were not what was agreed upon. His attorney wote in emails that he knew the decree wasn't right, but this man was told to go ahead and agree to it anyway. He still refused, so the attny said they would have to go back to court on the date the decree was suppose to be given to the judge. The attorneys continued the case that day but did not tell the man until after the fact and did not notify him of the new date of the hearing until the day the case was to be in court. Well being active duty in VA....that is not enough notice to get leave, get a flight and be in court. The attorney made an attempt to have the hearing continued again....but was denied and the attorney didn't show up for court. THE DIVORCE DECREE WAS SIGNED BY THE JUDGE INTO ORDERS AS AN AGREED UPON SETTLEMENT....although this man had not signed anything, no did his attorney....and neither was present in court.....WHAT??????? HOW CAN THIS BE BINDING AND FINAL....HOW CAN ANYONE SAY THIS WAS AN EQUITABLE DIVISION ????.... This man was cheated out of everything he put his life on the line for....and the future things he risked his life for. He supported the family while this woman got her degree, and took his money and gave it to other men (she admitted this in writing)...she makes more money then he does.....plus she got everything from the marriage...(she was living on about $7000.00 a month...he was living on $900.00 a month...for years while she planned for a divorce, he had no idea about. This woman continued to take everything through the divorce (all the military pay, her pay, and all tax refunds....even though she committed a crime to do so)..... This man will receive some percentage of disability rating....due to very bad knees...8 surgeres, and they give out at times when he walks, causing him to fall, along with his age to enter the civilian work force, could make employment difficult after retirement. WHERE IS THE PROTECTION FOR OUR MILITAY MEMBERS AGAINT THIS DISHONOR.....THEY RISK THEIR LIVES TO START ALL OVER AGAIN AFTER 23 YEARS OF SERVICE TO OUR GOVERNMENT??????? How can the military allow the courts the right to take everything from a Active Duty Military member, when there is proof of wrong doing...and that this man was not in agreement with this so called settlement....and did not have enough notice to apprear in court.....how can this document this man did not sign be an agreed settlement and enforced as orders? Of course losing everything and not having any enough money to live on for several years prior to the divorce, this man could not afford to appeal this divorce decree within 30 days limit to appeal. ANYONE HAVE ANY IDEAS?????????? |
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"Has Been 5" Lead Moderator Sound Off Forums |
Unfortunately the answer is with your elected officials, the overwheming amount of the them have the backbone of a fishing worm.
They must address these issues in law! I will cast no stones. Another proud member, Derelict Veterans Group. “OF MUNERIS UT TOTUS” |
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------------------- Founding Member ------------------- Eres Tu! Freddy |
MY FRIEND I can't ascertain who I am posting to, as I see different name & membership numbers. I can answer your question though, although i SUSPECT it will raise alot of hairs and irritations, as follows: I am going to compress the answer, since much of it is redundant, as follows: (1) The court set a date. That date is not an arbitrary date as the Presiding judge will always seek consensus with attorneys of both parties. (2) The Spouse until and unless the Judge decrees otherwise is/was entitled to the home and the maintenance of the family household which included a minor for an amount equal to all pay and allowances MINUS the $900.00 which was calculated as the Service members monthly living expenses. That amount may seem harsh, but there are monies he receives that are not calculated. (3) Then the Service member is assigned a court date. Again, the Judge DOES NOT have a typing pool to draw from, so his decisions are directed from the bench to one of the attorneys, they agree, and the assigned attorney writes the Judge's order, the Judge signs it and it is mailed with a certification of mailing to all parties. (4) The Service member was unable to appear before the court on the hearing date, and the attorney for the SM requests yet another continuance, it is granted and the argument you present is that while the attorneys agreed "NO ONE TOLD THE SERVICE MEMBER" Correct, his attorney would have HAND DELIVERED or caused to be mailed a new hearing date and again, with a certification of mailing by the Court's Clerk. (5) The you make the argument that since he missed the second date.The JUdge took it upon himself to sign the order that specifies who gets what, child support...The wife btw, does not get Alimony unless there are extenuating circumstances that would warrant that, so the amount of monthly support payments are directed to allow for dependent care and expenses, and in the interest of the child, the home, its contents, and an allowance for the same factored in the support payments. (6) The reason the Judge invoked his authority to grant a divorce and the subsequent awarding of property and other assignments..is simply because IT IS HIS COURT. The attorneys (the Service Member especially) is charged with due dilligence and court room protocol and bench orders. He knew when the court date was to be, and if there was anything that would have prevented a fair hearing, he should have stated so at the time and not after the fact. (7) The JUDGE will allow for "Mediation" as long as it is productive and the Mediation is given a time limit, it can be extended upon a short court appearance where the Judge "can" AND often "Will" instruct all parties to accomplish it in (XX) time, at which point a court date is set for final disposition and the Judge's signature..making it final...HOWEVER, The Judge has the authority and the discretion TO IMPOSE HIS COURT ORDERS and divide the assets as HE SEES FIT, there is no appellate rights. These things occur if one or both attorneys seemingly obstructs the courts direction by delaying, avoiding or missing mandated court appearances. SORRY, but what this Spouse gets is what she is entitled to...You may not agree, I may not agree, but our opinions are meaningless..The old saying "Coulda, Shoulda, but Didn't" 2 cents: Do not marry unless you KNOW, and do not have children unless you are willing to support the child till adulthood (with a smile). Lastly, If reconciliation CANNOT happen, is the heart aligned with the mind "To try your best to make it work" then...MAKE SURE YOU ATTEND AND PARTICIPATE IN MEDIATION...Because what cannot be settled between two rational human beings willing to compromise..then surely THE JUDGE WILL DECIDE FOR YOU..and the Judge is Always right. If you don't believe that, ask anyone currently paying child support. Eres Tu ! p/s my personal feelings were left behind in answering this, for neutrality is crucial for there are always 3 opinions of what went wrong..HIS...HERS and the TRUTH that lies somewhere in between. |
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You seem to misunderstand....there was no court order for maintenence for the year the divorce was pendinin ....the military says 3/5 of pay...in this mans case that is far less then the almost 5000.00 she was getting a month...he got $900.00 nothing more...all allowances, she got....including his uniform allowance...
Ok so if you say she is entitled to it, shouldnt she pay all the family bills...well,no she wasn't she didn't pay for any of his bills...including dropping him from the joint auto insurance...so he had to pay these and other bills in his name himself...out of the $900.00 a month. As far as the court hearing...he did appear in court for the mediation...and a final hearing was set...but without his knowledge that date got changed...he was not notified of the new date until the day of court...and the parties had agreed on a settlement however the divorce decree that the judge signed was not written as agreed upon..anything that benefited the SM was left out and things were added that the estranged spouse wanted but he had not agreed upon. Such as $200,000.00 in life insurance to her.....she even tried to have it written in that she got lifetime military benefits..which she is not entitled to per federal regulations....she wanted to keep it all but without him..go figure. And, ok if the judge wantes to order a division...but it shouldn't be stated as an agreed upon settlement...since it was not as such! Texas is a 50/50 state so where is the equality in this???? by the way there is a complaint against the SM Attorney with the Texas Bar fir wrong doing in the divorce....I just wonder how the military allows there family to be treated this way after 23 years of dedicated service!!! They say its none of their concern. |
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So it seems your saying that just because you marry someone and have kids with them...and they decide they want someone else...you owe them everything you have worked for and the rest of your life....we I guess her new boyfriend has a free ride too...but what about his new family....I guess he has no right to a future family...atleast not one who deserves any securtiy in the marriage....or any help with bills....since he has to give most of his retirement to his ex wife....until he dies...then how does anyone at 45 afford $200,000.00 insurance for her plus enough to protect someone new's interest in any assets they may contribute to financially.
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and .....NO this man never received a summons to appear in court......
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Child support was never an issue....and Texas has a set way of determining support which is 35% of pay after taxes......which is alot less then almost $5000.00 a month. I guess you never know that after 17 years of marriage that your spouse decided to live with another man and wants a divorce...but wants to keep everything she has finanically when married to you!!!!
And my advise is make your spouse work or get rid of them and damn sure dont support them and pay for there degree....so they can leave as soon as they get it and leave you with nothing and spend your hard earned money you risked your life for on the other man....yes this is in writing...cancelled checks and she confessed to it and notirized it..... |
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Seem that nobody involved had bothered to look up info on Soldiers and Sailors Civil Relief Act. He may still have legal recourse, but it looks like his attorney fluffed it as bad as the court.
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