Yes, when DFAS tells a former spouse that a clarification order is necessary to receive former spouse retired pay, the ex-spouse/Servicemember "must" be served with notice of the clarification proceeding. The former spouse cannot simply claim the Court has jurisdiction over the Servicemember because of a prior proceeding (e.g. the divorce).
More importantly,...
The answer to the question of whether a former spouse's retired pay payments can be stopped is, "it depends." The Dep't. of Defense regulation governing this subject matter states the following:
"Unless the court order specifies otherwise, payments will stop upon [DFAS's] receipt of notice of the death of either party. Payments will be...The cap for "net resources" when calculating guideline child support increases from $8,550 to $9,200, effective September 1, 2019. The Office of the Attorney General Child Support Division (OAG) recently announced the coming change.
OAG manages the child support system for Texas. The increase to $9,200 is determined by a formula related to...
After a military divorce, when a Former Spouse predeceases the Servicemember, the Former Spouse's share of disposable retired pay returns to the Servicemember.1 Former Spouse retired pay cannot be "sold, assigned, transferred, or otherwise disposed of (including by inheritance).2"
Ironically, the same cannot be said for a Former Spouse's share of a Federal...
In the vast majority of cases, the answer to whether there is a "cap" to child support in divorce is, "yes." The Texas Family Code caps "net resources" available for what's called "guideline child support" at $8,550.00. In determining "net resources," the Family Code includes the following:
Wages, salary, commissions, overtime pay, tips and...If your spouse is designated as your life insurance beneficiary, and you later divorce, the Texas Family Code establishes that your now ex-spouse will not be treated as the beneficiary of your life insurance policy, unless one of three conditions exist:1
Your decree of divorce names the ex-spouse as the beneficiary...Not all Servicemembers with that same VA disability rating receive exactly the same amount of VA Disability Compensation. For any given disability rating, the amount received varies based on whether the Servicemember has a spouse and dependent children (or a dependent parent).
In military divorce, a Servicemember receiving VA Disability Compensation must...
In the current Texas Legislative session, House Bill 93 would repeal the "no-fault" divorce provision in the Texas Family Code (i.e. repeal the "insupportabiity" ground for divorce, which only requires testimony of one spouse that the legitimate aims of marriage have been destroyed and there is no reasonable chance of reconciliation). The Texas...
Most military retirees, Federal civil service retirees and recipients of VA disability compensation will receive a 2.8% cost of living adjustment (COLA) in their payments received on or about January 1, 2019 and throughout 2019. That is an improvement over the 2.0% COLA received in 2018 and the 0.3% COLA received in 2017.
Author Jim...
The Texas Family Code contains no provision for "legal separation." Nevertheless, it is possible for parties to contract for rights, duties and obligations contained in a separation agreement.
To be valid and enforceable, the separation agreement should be:
In writing;Signed by the spouses;Entered into without coercion, duress, or undue influence;Conform with the requirements for a Partition...