Legal Question in Family Law in Texas

Division of military retirement
Mil mbr divorced in 96. Comm prop split Aug98 and parties will work out mil retire either by contract or by court order later. Mbr retires from AF for disability Apr98. Applies for VA. Retirement was split in Dec98 by court order under the USFSPA(mbr lost arguments that retirement was disability so no disposable pay avail for div but won the argument that the pending VA rating would change the amt of disposable pay up or down). Former spouse given 48.8% of disposable pay(est $648.00 before VA),not a fixed amt. 80% rating from VA in Jan99(he waived a portion of his military retirement to get accept VA rating). Order sent to DFAS Feb99. DFAS says there is no disposable pay. (Gross-VA-AF Disability=0). Former spouse filed a motion to clarify Aug98 addendum and court order to have mil mbr pay by contract because she is not receving any money. Both agree that the disability portion is not divisable but neither party thought the VA award would eliminate the disposable pay. If the motion is to clarify payment and there is no money can the judge change the orig order from a % to a fixed amt or do both parties have to agree to a change?

Asked on 6/22/01, 3:52 pm

David Sergi Sergi and Associates PLLC

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Re: Division of military retirement

Call Col. Walter Prentice. He practices law in Austin and has had good results with this type of case. His number is 512 891 9996

Answered on 7/03/01, 1:24 pm

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