In military divorce, when the former spouse dies before the military retiree, former spouse retired pay payments stop. The monthly payments that were going to the former spouse return to the military retiree. How do you notify DFAS to make this happen?
DFAS requires written documentation regarding the death of a former spouse...
Sometimes in divorce, the question of, "Can I change my name at divorce to anything I want?" The answer is, "no." Texas Family Code Section 45.105 governs names changes in divorce. The code states the party may request a name change to "a prior used name." If you've been married more than once,...
Under all circumstances, former spouse military retired pay stops at the servicemember's death. Former Spouse SBP (hereafter, and for brevity, "SBP") is a purchased annuity that provides a replacement stream of income to a former spouse who outlives the servicemember.
The SBP "base amount" is the amount of the servicemember's gross...
With respect to children and visitation in divorce, the norm in Texas is to name the parents “Joint Managing Conservators” with one of the conservators having the right to designate the primary residence of the children (with or without geographic restriction. Being a Joint Managing Conservator means both parents have equal...
In a Federal Civil Service divorce, will for Former Spouse who had been awarded a Former Spouse Survivor Annuity always collect on that annuity after the death of the employee? Not always.
Federal law provides that if the employee completed at least 18 months service, but LESS THAN 10 YEARS SERVICE at time of...
TSP can provide a spouse with the plan participant's account statements to help the spouse, in divorce, develop a proper court order. Obtaining this information is very helpful in both military divorce and Federal Civil Service divorce. The information that TSP will provide includes:
Participant's account balance;Participant's outstanding loan balance, if any;...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...
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...
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...