In a Federal Civil Service divorce, OPM permits the court to order that the Former Spouse Survivor Annuity premium shall be paid from the retirement annuity of either the Employee or Former Spouse. If the court order is silent on the subject, OPM will deduct the premium from the Employee's share of...
Purchasing a New Home Prior to the Divorce Becoming Final
When couples divorce, it's not uncommon for one or both spouses to want to begin the process of "moving on" prior to the divorce becoming final. One important detail might be purchasing a new home to jump-start your new "post-divorce" life. Caution is warranted here.
In Texas, title to real property follows a rule...
Waiving Military Retired Pay to Credit Military Service for Federal Civil Service Retirement – How to Protect the Former Spouse
What protection, if any, exists for a former spouse receiving military retired pay when a servicemember, who is now a Federal civil service employee, opts to waive military retired pay to credit his or her military service toward a Federal Employees Retirement System (FERS) annuity? Prior to the 1997 National Defense Authorization...
Important Change to Uniformed Services Former Spouses’ Protection Act
The 2017 National Defense Authorization Act (NDAA) made an important change to the definition of disposable military retired pay in the Uniformed Services Former Spouses' Protection Act (USFSPA) found at 10 U.S.C. § 1408. The change affects the division of property in divorce decrees or domestic relations orders dated December 23, 2016 and after. ...
Should a Servicemember (or Anyone) Fear a Geographical Restriction When It Is Time to Relocate?
Servicemembers are frequently ordered to leave their location (i.e. PCS) to another county in Texas, another state in CONUS or another country OCONUS. These moves are most often a condition for continued military service or career progression. If a servicemember has children subject to a court order that imposed a geographic restriction on...
Transfer on Death Deeds Part 3
This is part three of a three part series on Transfer on Death Deeds. In part one, we learned about what a Transfer on Death Deed was and how a person could validly create one. In part two, we learned about what happens after a grantor signs a Transfer on Death Deed...
Transfer on Death Deeds Part 2
This is part two of a three part series on Transfer on Death Deeds. In part one, we learned what a Transfer on Death Deed is and how a person could validly create one. Part two explains what options are available to a grantor after a grantor signs a Transfer on Death Deed,...
Transfer on Death Deeds Part 1
This is part one of a three part series that will explain: (1) what Transfer on Death Deeds are and how they are created; (2) what happens after a Transfer on Death Deed is created (when the grantor is still alive); and (3) what happens when the grantor of a Transfer on Death Deed...
Military Retiree to FERS Retiree – How Credit for Military Service Affects a Former Spouse
Military retirees are permitted by OPM regulations to waive receipt of military retired pay in order to credit their military service towards a Federal Employee Retirement System (FERS) annuity, subject to a few conditions. How does this affect a former spouse receiving former spouse military retired pay? It doesn't. One of the conditions...
Contempt: Part 2 – Criminal Contempt
This is the second of a two-part blog series on the differences between civil and criminal contempt. This blog will focus on criminal contempt. If you wish to first read the first blog on civil contempt, click here.
In an enforcement action, criminal contempt is punitive in nature. That means...