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Wow, thanks for the replies. They were married the entire time he was in the Navy.
It is called the: Former Spouse Protection Act.
I receive a portion of my ex-husband's retired pay. We were married 13.5 years, all of which was during his active duty, and I initially received 32.5% of his retired pay.
A few years ago he apparently became rated for VA disability, and they pay him VA pay but take away some of his retired pay, hence my portion was reduced by 1/3.
I do respect that you are not an attorney- The statue of limitations long ran out to collect on any arrears. Go read up and learn a thing or two. Social security has no authority to implement on an outdated an unenforceable court order that expired. Wow just wow that IF that was even true...that it made it that far.
I did read your post...and IT was a blessing for her.
I remember that he had me call Social Security for him because he was beside himself. I did with him on the line to give consent. I don’t recall the specifics, but I do remember that the Social Security representative told him that it was indeed legal, and that he was mandated to pay the arrearages hence, his Social Security was garnished, as he had no other income or assets.
Several years ago, I spoke with a friend of mine, who happens to work as a Social Security representative and he said it is not at all uncommon to have Social Security garnished for nonpayment of child support as well as non-payment of federal student loans. Said those were the 2 most common reasons for garnishments.
Maybe you should read up and learn a thing or two as well. No need to be so snarky.
I remember that he had me call Social Security for him because he was beside himself. I did with him on the line to give consent. I don’t recall the specifics, but I do remember that the Social Security representative told him that it was indeed legal, and that he was mandated to pay the arrearages hence, his Social Security was garnished, as he had no other income or assets.
Several years ago, I spoke with a friend of mine, who happens to work as a Social Security representative and he said it is not at all uncommon to have Social Security garnished for nonpayment of child support as well as non-payment of federal student loans. Said those were the 2 most common reasons for garnishments.
Maybe you should read up and learn a thing or two as well. No need to be so snarky.
I have heard of this also. That abandoned mother deserved every cent of back child support that her ex-spouse skipped out on. Her own retirement savings were probably curtailed by having to support 4 children on her income alone due to his selfishness.
I had a family member go through this and it was a nightmare - she died an early death due to stress. Karma usually wins out and I certainly hope it did in that case.
it's scary to me how people can have access to the internet, and choose to seek advice from a bunch of people that probably know nothing of the topic, instead of going to accurate sources, such as the military, social security and, I don't know, a thousand government websites ready to answer the question
I only think that could be scary if they take unsubstantiated claims by others as gospel. In many cases people have already checked the official websites and are unable to interpret the legalese sufficiently to find how it affects there own situation. In that case, knowledgeable readers can provide very good practical knowledge and reinterpretation of the regulations that will allow the questioner to better decide if they should further pursue the matter.
.. I think it is ironic that someone gets paid despite never wearing the uniform once, never shot a single shot in battle or even practice but they get 1/2 the money.......
Hmmm...did the spouse stay home and keep up the home, take care of the children while they were doing all of that??
I receive a portion of my ex-husband's retired pay. We were married 13.5 years, all of which was during his active duty, and I initially received 32.5% of his retired pay.
A few years ago he apparently became rated for VA disability, and they pay him VA pay but take away some of his retired pay, hence my portion was reduced by 1/3.
But wasn’t this established at the time of divorce? The point is not what does VA allow, what matter is the terms agreed to in this 40+ year old divorce. Again, these people are elderly, been divorced 40+ years, and more importantly he’s been collecting that pension for decades now. If her getting portion of his pension was in the terms of divorce, she’d have been getting it for decades. Regardless VA will have no authority to order spousal support, and OP has not come back to state ages (has to be 80’s). Is his mom willing and able to take him back to court for support 40 years later?
It’s not something VA can do for them, it has to be a court order.
Retirement benefits for a divorced spouse who does not remarry may depend on the state where you live. My SIL and BIL live in PA. divorced after 25 years of marriage. SIL never remarried and she gets 50% of his SS and 50% of his teachers pension, he never remarried either, I guess he couldn't afford to.
She gets 1/2 of his SS, but he doesn't give it out of his check. It is a totally separate deal. If he has 3 ex wives married at least 10 years, they each get 1/2 of what he gets. He still gets the whole. That's part of the problem with SS.
Now if he has a kid when he's 60 and retires at 66.? that kid will get 1/2 until he is out of High school.
I was stunned the day I discovered I got 1/2 DH's social security. I have never been gainfully employed since i was 18.
All of those were personal choices. Not compensable job duties.
If she didn't want to have children, then she shouldn't have had them.
If she didn't want to stay home, she didn't have to.
Women have to own their personal choices around having children.
Did the spouse impregnant his wife?
Did the spouse arrange/pay for childcare while on duty?
Did the spouse prefer mother of his children to stay at home with children rather than alternative provider of childcare?
Did mother forego employment opportunities to stay at home with children?
Husband and wife have to own choices and economic consequences.
In the eyes of the law, a pension is a joint marital asset.
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