questions & answers

Question: when I divorced my ex wife in 2003, the decree did not state a clear awarding of my military pension since I was still active. I will be going to court to fight the amount I have to pay. She waited over 19 months to let me know she wanted the money. I agree to pay but only at the lower amount (E5) vice (E8). any info is greatly appreciated.

Answer: The Uniform Services Former Spouses Protection Act is the overarching Federal Statute that tells state courts to treat military pensions as property rather than income.  Unfortunately, your divorce decree was before the 2017 amendments that limited the spouse's rights.  You may need a lawyer to help you handle this.  Assuming you are an Arizona resident, consider these options.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.  You may also want to contact the VA for a referral to a local lawyer who assists veterans.