Question:
I have been divorced since 2006 and am entitled to 50 percent of my ex hubby's retirement from the military. It is in my divorce decree, however it was never turned into the retirement section. Him and his lawyer put it in an allotment and only gave me $400 a month. After years of thinking this was correct, I have recently been told that I could be getting more if it went thru retirement section. I called retirement section through military, and they said all I needed was a certified copy of the divorce decree and a quality relations domestic order. How do I get this form and how does it get filled out? I am living on what he gives me and a little SSI and I can't afford a lawyer.
Jim's Reply:
I'd urge you to use the services you'll find here in the Stateside Legal site to find help local to you in the form of an attorney or an advocate who may be able to guide you through what may be a complex process. You won't know what you may be able to afford until you ask around. In a nutshell, you'll have to return to the family court where the divorce was adjudicated and ask for help from the clerk of that court. If that court isn't near you, you can call them and ask to speak with the clerk...they're usually helpful and will know the forms you need to complete. As this appears to have been looked over or ignored for this long, I'm not sure that all you'll need to do is to turn over the papers to DFAS. https://www.dfas.mil/ While DFAS is one of the proper authorities to notify with divorce decrees, I suspect that there may be some timeliness rules that could prevent your action from going forward. Your very best bet is to find an advocate to help you.