Alamo Towers West, 901 NE Loop 410,
Suite 800,
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Veteran Mother Comes Home

Military Divorce

Sunday, July 25, 2021

Chapter 61 Disability Retirement and Concurrent Retirement and Disability Pay - Part 2


 

 

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firm specializes in


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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.
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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.


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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.
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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

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Sunday, December 6, 2020

Military Divorce: What Might Suspend Payment of Former Spouse Retired Pay


Recently, I was contacted by a Former Spouse trying to understand a letter she received from the Defense Finance and Accounting Service (DFAS) informing that payment of her Former Spouse retired pay, which she'd received regularly for years, had been suspended.  She'd called DFAS and was told the suspension was related to matter that were the retired Servicemember's personal business.  No further information was provided.

Sadly, I informed her that the Secretary of the Military Department concerned may order a retiree's retired pay to be suspended after determining that1:

  1. A felony warrant has been issued against the absent Servicemember by the United States (e.g.

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Saturday, October 10, 2020

Divorce: Can I Get Reimbursed for Paying my Spouse's Student Loans?


 A common question I get is whether a client who paid the soon-to-be former spouse's student loan(s) is entitled to reimbursement.  The Texas Family Code answers this question directly -- "no," a reimbursement claim for payment of the other spouse's student loan(s) is prohibited by statute.

Other potential reimbursement claims that are prohibited by statute include the following:

  1. Payment of the other spouse's child support, alimony or spousal maintenance obligation.
  2. Payment of the other spouse's living expenses or living expenses of a stepchild.
  3. Payments or other contributions of property of "nominal value.

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Sunday, August 30, 2020

Chapter 61 Retirement, Concurrent Retirement and Disability Pay, and Military Divorce


Retirement under Title 10 United States Code Chapter 61 occurs when a Servicemember's military department (e.g. Department of the Army, Department of the Navy, etc.) finds the Servicemember unfit for further duty due to a disability.  The Uniformed Services Former Spouse Protection Act (USFSPA), codified at 10 U.S.C. Sec. 1408,

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Sunday, August 23, 2020

Military Divorce: Value of Retired Pay


Military retired pay tends be to the largest asset in divorce.  Consider the following for Servicemember's who retired in 2019 and will pass away on their actuarial death:

  1. The present value for an O-6 who retired with 30 years of service is $2.41 million dollars.
  2.  The present value for an O-5 who retired with 28 years of service is $1.84 million dollars.

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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.


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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 . . .


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