Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Ex-Wife Deceased, How to Stop Military Retirement

    For this question, state is Georgia

    In divorce, wife was awarded 1/2 of husband's military retirement benefits.

    Ex-wife passed away, how would ex-husband go about stopping the garnishment of his military benefits, and also alimony? (alimony paid through court without garnishment)

    Would he need to get copies of the death certificate and send them to the court and the Army?

    What else might he need to do?

    Thank you for any assistance.
    Xena

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Ex-Wife Deceased, How to Stop Military Retirement

    ,
    Quote Quoting Xena
    View Post
    For this question, state is South Carolina

    In divorce, wife was awarded 1/2 of husband's military retirement benefits.

    Ex-wife passed away, how would ex-husband go about stopping the garnishment of his military benefits, and also alimony? (alimony paid through court without garnishment)

    Would he need to get copies of the death certificate and send them to the court and the Army?

    What else might he need to do?

    Thank you for any assistance.
    Xena
    Just bumping this up and changed the name of state.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex-Wife Deceased, How to Stop Military Retirement

    See 10 USC 1408. I'm assuming this subsection applies:
    Quote Quoting 10 USC Sec. 1408(d)
    (d) Payments by Secretary Concerned to (or for Benefit of) Spouse or Former Spouse.
    (1) After effective service on the Secretary concerned of a court order providing for the payment of child support or alimony or, with respect to a division of property, specifically providing for the payment of an amount of the disposable retired pay from a member to the spouse or a former spouse of the member, the Secretary shall make payments (subject to the limitations of this section) from the disposable retired pay of the member to the spouse or former spouse (or for the benefit of such spouse or former spouse to a State disbursement unit established pursuant to section 454B of the Social Security Act or other public payee designated by a State, in accordance with part D of title IV of the Social Security Act, as directed by court order, or as otherwise directed in accordance with such part D) in an amount sufficient to satisfy the amount of child support and alimony set forth in the court order and, with respect to a division of property, in the amount of disposable retired pay specifically provided for in the court order. In the case of a spouse or former spouse who, pursuant to section 408(a)(3) of the Social Security Act (42 U.S.C. 608 (a)(4)), assigns to a State the rights of the spouse or former spouse to receive support, the Secretary concerned may make the child support payments referred to in the preceding sentence to that State in amounts consistent with that assignment of rights. In the case of a member entitled to receive retired pay on the date of the effective service of the court order, such payments shall begin not later than 90 days after the date of effective service. In the case of a member not entitled to receive retired pay on the date of the effective service of the court order, such payments shall begin not later than 90 days after the date on which the member first becomes entitled to receive retired pay.

    (2) If the spouse or former spouse to whom payments are to be made under this section was not married to the member for a period of 10 years or more during which the member performed at least 10 years of service creditable in determining the member’s eligibility for retired pay, payments may not be made under this section to the extent that they include an amount resulting from the treatment by the court under subsection (c) of disposable retired pay of the member as property of the member or property of the member and his spouse.

    (3) Payments under this section shall not be made more frequently than once each month, and the Secretary concerned shall not be required to vary normal pay and disbursement cycles for retired pay in order to comply with a court order.

    (4) Payments from the disposable retired pay of a member pursuant to this section shall terminate in accordance with the terms of the applicable court order, but not later than the date of the death of the member or the date of the death of the spouse or former spouse to whom payments are being made, whichever occurs first.

    (5) If a court order described in paragraph (1) provides for a division of property (including a division of community property) in addition to an amount of child support or alimony or the payment of an amount of disposable retired pay as the result of the court’s treatment of such pay under subsection (c) as property of the member and his spouse, the Secretary concerned shall pay (subject to the limitations of this section) from the disposable retired pay of the member to the spouse or former spouse of the member, any part of the amount payable to the spouse or former spouse under the division of property upon effective service of a final court order of garnishment of such amount from such retired pay.

    (6) In the case of a court order for which effective service is made on the Secretary concerned on or after August 22, 1996, and which provides for payments from the disposable retired pay of a member to satisfy the amount of child support set forth in the order, the authority provided in paragraph (1) to make payments from the disposable retired pay of a member to satisfy the amount of child support set forth in a court order shall apply to payment of any amount of child support arrearages set forth in that order as well as to amounts of child support that currently become due.

    (7)
    (A) The Secretary concerned may not accept service of a court order that is an out-of-State modification, or comply with the provisions of such a court order, unless the court issuing that order has jurisdiction in the manner specified in subsection (c)(4) over both the member and the spouse or former spouse involved.

    (B) A court order shall be considered to be an out-of-State modification for purposes of this paragraph if the order—
    (i) modifies a previous court order under this section upon which payments under this subsection are based; and

    (ii) is issued by a court of a State other than the State of the court that issued the previous court order.
    I would try contacting the DFAS (Defense Finance and Accounting Service) office administering the pension to see if a death certificate will suffice, or if they would prefer a court order (or both a death certificate and a court order).

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Ex-Wife Deceased, How to Stop Military Retirement

    Thank you aaron, your help is greatly appreciated.

  5. #5

    Default Re: Ex-Wife Deceased, How to Stop Military Retirement

    Quote Quoting aaron
    View Post
    See 10 USC 1408. I'm assuming this subsection applies:I would try contacting the DFAS (Defense Finance and Accounting Service) office administering the pension to see if a death certificate will suffice, or if they would prefer a court order (or both a death certificate and a court order).
    I would do the same.

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Divorce and Military Retirement Benefits
    By sleeprn69 in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 05-26-2011, 08:58 AM
  2. Property Division: Military Retirement
    By bigmom in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-08-2011, 07:49 PM
  3. Divorce: Retirement Pay for Ex Military Spouse
    By Susan123 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 01-20-2011, 11:29 AM
  4. Military Retirement Pay in Divorce
    By pmpatt in forum Tax Law
    Replies: 1
    Last Post: 04-07-2009, 05:01 AM
  5. Military Benefits: Is Military Retirement Payments to Ex-Spouse and Taxes
    By Hoseab in forum Military Law
    Replies: 1
    Last Post: 02-13-2007, 06:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources