Alamo Towers West, 901 NE Loop 410,
Suite 800,
San Antonio, TX 78209
Veteran Mother Comes Home

Agreed Divorce

Friday, April 23, 2021

What is an Inventory and Appraisment?


An Inventory and Appraisement (I&A) is required by Courts in any final hearing that involves division of marital property and confirmation of separate property at divorce.  An I&A conveys three important elements of information about each asset or debt, as follows:

  1. It IDENTIFIES the assets and debts (e.g.
    Read more . . .


Sunday, April 4, 2021

How to Report Death of a Servicemember and What to Expect


 I recently helped a relative report the death of her husband, a military retiree, since she'd attempted to call DFAS but was getting nowhere.  I quickly discovered she was calling the wrong phone number, as DFAS has several "customer service" numbers depending on the subject.

While it is possible to report the death of a military retiree online, I prefer the "human touch" since it permits the widow or widower to ask and get answered important questions since this is a process most people will only go through once, God willing.

The number to call to report the death of a military retiree is (800) 321-1080.  The representative was extremely courteous and took time to explain the process and answer the widow's questions.


Read more . . .


Sunday, March 7, 2021

Former Spouse Military Retired Pay - Fixed Dollar Awards


In military divorce, a former spouse who gets a fixed dollar award (e.g., "former spouse is awarded $1,000.
Read more . . .


Saturday, January 16, 2021

Divorce During Bankruptcy: Possible or Not?

Is it possible to get divorced while one or both spouses are in the midst of a bankruptcy proceeding?  Yes, but there are limitations.

Those familiar with bankruptcy law, which is detailed in Title 11 of the United States Code, know that upon the filing of the bankruptcy application, an "automatic stay" goes into effect.1  In short, the party applying and creditors are prohibited from taking any action that affects the filer's bankruptcy estate since doing so would prejudice the bankruptcy trustee's right to manage the bankruptcy estate.  See id.

There are some exceptions to that apply to divorce.2

Read more . . .


Sunday, March 22, 2020

Military Divorce: Stats on Military Retirees in Texas and the San Antonio Region


Texas ranks first with 9.95% or 215,818 of the nation's 2.168 million military retirees living in the Lone Star State.  The top five States with the largest military retiree populations are as follows:

  1. Texas: 215,818
  2. Florida: 202,840
  3. Virginia: 157,821
  4. California: 154,736
  5. Georgia: 99,645

Closer to home, approximately 18% or 38,997 of Texas' military retirees live in the San Antonio region as measured by those living within the "782" zip code.  If the "781" zip code is added, which includes military retirees in Comal, Guadalupe and Wilson Counties (among other counties in "781"), the greater San Antonio region then accounts for 26.


Read more . . .


Sunday, March 15, 2020

Military Divorce: Blended Retirement System Lump Sum Payment Option

I recently gave a presentation on the military's new Blended Retirement System (BRS) at the Family Law Bar Association - San Antonio.  The paper I wrote is on our website under the "Forms" tab.

A lump sum option may be selected by a Servicemember within 90 days of retirement. The first lump sum option is a 25% lump sum with 75% of regular monthly retired pay.  The second is a 50% lump sum with 50% of regular monthly retired pay.  The lump sum / reduced retired pay extends from retirement until the Servicemember's full Social Security retirement age, which for most is 67 years of age.  At full Social Security retirement age, military retired pay returns to its full amount. 


Read more . . .


Monday, February 17, 2020

Can A Court Order for Post-Divorce Spousal Maintenance Be Modified?


Yes, it can.  The requestor or movant must file a Motion to Modify Post-Divorce Spousal Maintenance in the Court that made the initial order.  Procedures for filing an original suit apply, which means the former spouse receiving maintenance must be served with citation.  At an evidentiary hearing, the movant bears the burden of proving that a material and substantial change has occurred such that the movant no longer can longer afford to pay the Court-ordered amount.  In proving that a material and substantial change has occurred, the movant must prove the facts and circumstances that existed at time of the original order and the facts and circumstances that exist now.
Read more . . .


Saturday, January 25, 2020

How Recoupment of Separation Incentive Pay Impacts Former Spouse Pay


Some servicemembers left the service by taking Voluntary Separation Incentive (VSI) pay or Special Separation Bonus (SSB) pay and later returned to military duty and qualified for either an active duty or reserve component retirement.  So, what happens to the VSI or SSB payments the servicemember received?

DFAS will recoup the amount of VSI or SSB it paid.  Generally, recoupment starts about 3 months after the now retired member begins to receive retired pay.  The recoupment rate is 40 percent of the retired member's retired pay per month until the full recoupment has been satisfied.  Retired members may apply for a hardship reduction in the amount recouped.


Read more . . .


Monday, November 25, 2019

DFAS Says I Need a Clarification Order - Must My Ex-Spouse Be Served?


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 decree).  In fact, the clarification proceeding requires that jurisdiction over the Servicemember be established (one might say, "re-established") through one of the three methods specified in the Uniform Services Former Spouse Protection Act (USFSPA), which are as follows:


Read more . . .


Sunday, November 17, 2019

Can Former Spouse Retired Pay Payments Be Stopped?


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 prorated for the month of death of either party."   See Note 1, below.
  • "Unless the court order specifies otherwise, retired pay award payments will not stop upon [DFAS's] receipt of notice of the former spouse's remarriage.

Read more . . .


Saturday, August 10, 2019

Cap for Calculating Guidline Child Support Set to Increase September 1, 2019


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.
Read more . . .


Archived Posts

2021
2020
2019
2018
2017
November
October
September
July
June
May
April
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January
2013

← Newer12 3 Older →



© 2021 Cramp Law Firm, PLLC | Disclaimer
Alamo Towers West, 901 NE Loop 410, Suite 800, San Antonio, TX 78209
| Phone: 210-762-4502

Practice Areas | Principles | Fees & Discounts | Attorney Bio

FacebookGoogle+TwitterLinked-In CompanyYouTube

Law Firm Website Design by
Zola Creative


×