Just this past month, in October 2017, my firm helped four people finish a pro se (i.e. "do it yourself divorce" within a matter of days or a couple of weeks, depending on where they were in the process. Each person came to my firm for two reasons: (1) either they got stuck with...
Clarifying Former Spouse Military Retired Pay Orders so DFAS can pay the Former Spouse—Part 3 of 3
In the first part of this series, we looked at why DFAS cannot honor an award of a percentage of the community value of military retired pay. (emphasis added). To read the first blog before continuing with this blog, click here.
In the second part of this series, we looked at what DFAS...
Clarifying Former Spouse Military Retired Pay Orders so DFAS can pay the Former Spouse—Part 2 of 3
In the first part of this series, we looked at why DFAS cannot honor an award of a percentage of the community value of military retired pay. (emphasis added). To read the first blog before continuing with this blog, click here.
In this second blog, we'll look at what DFAS requires to
Clarifying Former Spouse Military Retired Pay Orders so DFAS can pay the Former Spouse—Part 1 of 3
The Defense Finance & Accounting Service (DFAS) will reject a decree or domestic relations order (DRO) that attempts to award the former spouse a share of military retired pay if the decree or DRO’s language is ambiguous or otherwise fails to meet DFAS' requirements for a valid award expression. The 2017...
Close Attention While Drafting Orders Matters Because Some Mistakes Cannot Later Be Corrected
Attention to detail matters when first drafting a domestic relations order and entering it with the Court. Sometimes—whether weeks or months later—a former spouse or alternate payee learns that a domestic relations order requires clarification before it can be accepted by the paying organization such as DFAS, OPM or a plan...
Divorce and Medical Records: Must I Turn Over My Records if Requested in Discovery?
Must a party to divorce turn over their medical records in response to a "Request for Production" during discovery? It depends.
In general, production of medical records in a civil proceeding, such as divorce, is prohibited by invoking the "Physician-Patient Privilege" found in Texas Rule of Evidence 509. The rule, as it applies to...
Suspected Infidelity – Can I Use a Tracking Device on the Spouse’s Vehicle?
Generally, the answer is "no." Texas Penal Code Section 16.06, Unlawful Installation of Tracking Device," makes it an offense to knowingly install an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.
It is an affirmative defense to prosecution that the person installing the device obtained the "effective consent...
Former Spouse Military Retired Pay – What to do BEFORE Moving and Changing Banks
When planning a move that includes a change of banks, Former spouses receiving direct payments from DFAS must notify DFAS of the new address and new bank info (i.e. bank routing and account number) prior to cutting ties with their old location or bad things might happen. Notice must be submitted to DFAS...
Visitation Schedules for Children Under 3 Years Old
You may be familiar with the Texas "Standard Possession Order or SPO" with the central features being that the non-custodial parent has visitation on:
the 1st, 3rd, 5th weekend of each months; share times on major holidays; mom's always get mother's day weekend; dad's always get father's day weekend; and, the non-custodial parent...Agreed Divorce – Questions to think about when discussing divorce with spouse
You and your spouse have agreed to divorce, but are you sure you've agreed on all areas of major concern?
Do you own real property? Do you have children of the marriage who are under 18 or still in high school who live at home?Are substantial joint debts involved (e.g. high balance credit card in...