Legal Question in Family Law in California
How do I activate payment of community interest in military retirement benefits
Was married for 7 yrs. Divorce finalized in 1994. Judgment
states '' it is further ordered that the community interest in
Respondent's United States Navy Retirement
(name,social,address), is reserved under the provisions of
In Re The Marriage of Brown.''
I sent an ''application for former spouse payments from
retired pay'' to the Navy . I received a letter back saying
that they could not enforce the court order dividing the
retired pay due to the Uniformed Spouses' Protection Act .
My former attorney who wrote & filed the judgment,
responded to about being declined for payment by
saying that I am still entitled to half of the community
portion of the retirement benefits with the precedence of
Marriage of Brown , but need to pay $700+. It was my
original understanding that the attorney completed all the
paperwork necessary to activate retirement payments.
Information conflicting.
1. What are the names of the forms that I need submit to
enforce the court order dividing the retirement benefits?
2.How do I submit this paperwork?
3. Is my former attorney liable for the retirement lost if I
am unable to enforce the original court order without a
current signature from the ex?
1 Answer from Attorneys
Re: How do I activate payment of community interest in military retirement bene
Since you were only married for 7 years, Cleveland (DFAS) cannot enforce the retirement directly and your ex-husband will need to pay you as he receives the payment. There may be a way to get around this if ten years passed between the time you were married and the time that the divorce was final. Talk to your ex about payment. If he doesn't cooperate you will need to hire an attorney. You can ask that your ex pay the attorney's fees under Family Code Section 271 if he does not cooperate. It would appear that your ex retired after the divorce was final. There is not much more your attorney could have done that would save you any work now. You cannot use the "Marriage of Brown" formula until you know the number of years the your ex has been in the military before retirement. Good Luck, Pat McCrary
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