Antioch, CA asked in Military Law, Divorce, Appeals / Appellate Law and Probate for California

Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time

to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it over to federal civil service. Again, a decrease in my portion of his mil retired pay. probably a significant decrease. He passed 10/24/2020. I found out about his passing when the voluntary allotment he calculated and DFAS was compensating me as alimony. I am his USAF Survivors Benefit Plan with a paid monthly annuity. No more alimony at his death. I paid premiums on SBP after divorce until his passing. What remedy might I now have? First Hawaii Circuit Court, Family Law, Honolulu, HI. I have thought of QDRO, or modification to the decree, or filing an Appeal with a competent jurisdiction as as CA. What DFAS is compensating me has to be inaccurate. Any ideas as to proceed? Thank you.

1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce matters and presenting all relevant documents and details will be essential to determine the most appropriate course of action tailored to your specific circumstances.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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