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harwayj · Jan 22, 2013, 06:52 PM

Well enough said I will leave it alone

cdad · Jan 22, 2013, 07:25 PM

You may still have a grievance with the courts. From what your stating you were married for 13 years. What was the base amount of years your military pension comes from? If it is over the 13 year period then you may be owed an adjustment. If the period falls outside of your marriage either before or after then you may be owed an adjustment. You need to read your documents carefully. Poe v Poe allowed for a calculation based upon contribution. You need to check their math.

harwayj · Jan 22, 2013, 08:47 PM

Originally Posted by califdadof3

You may still have a grievance with the courts. From what your stating you were married for 13 years. What was the base amount of years your military pension comes from? If it is over the 13 year period then you may be owed an adjustment. If the period falls outside of your marriage either before or after then you may be owed an adjustment. You need to read your documents carefully. Poe v Poe allowed for a calculation based upon contribution. You need to check their math.

We got married in 1981 and we verbally separated in 1994 my years of service was 22 years and after the last post it was stated to me as interpiding that she would receive the retirement for the rest of her life. I can undestand that the lawyer I had did not do her job in ensuring that my ex spouse would receive my retirement for certain amount of time. I just have to live with the fact that I am taking care of her and her new spouse.
The last post stated that Kentucky had jurisdiction so I have no leg to stand on because my legal residence was in Texas and I never resided in Kentucky. There is no calculation in the documentation at all.

ScottGem · Jan 23, 2013, 03:57 AM

Originally Posted by harwayj

the last post it was stated to me as interpiding that she would receive the retirement for the rest of her life. I can undestand that the lawyer I had did not do her job in ensuring that my ex spouse would receive my retirement for certain amount of time.
The last post stated that Kentucky had jurisdiction so I have no leg to stand on because my legal residence was in Texas and I never resided in Kentucky. There is no calculation in the documentation at all.

You are misunderstanding something. A pension is paid to the recipient for the balance of their lifetime. Since Poe vs Poe established case law that allowed the courts to award pension benefits to a divorcing spouse then your lawyer had no real choice but to accept that. But the fact that she is receiving her share for the rest of her life is not the fault of your lawyer, its how pensions work. The only leeway your lawyer might have had is in the share of the pension she received, not any time limit. Even though your paperwork may not show how her share was calculated, there was a calculation. Whether it would be worth it to you to hire an attorney to review the calc, I don't know. If her share was pegged as 40%, I would suspect the calc was fair.

What mattered was not your legal residence, but hers when she filed and where she filed. So yes KY had jurisdiction.

JudyKayTee · Jan 23, 2013, 08:39 AM

I believe you totally misunderstand the law and the process - yes, I think you should consult with an Attorney to put your mind at ease.

What is a verbal separation? Unless legal papers were filed that "verbal" ("you go your way, I'll go mine") agreement is meaningless.

talaniman · Jan 23, 2013, 09:15 AM

Why do I think the whole miff here is with her sharing YOUR money with someone else?

JudyKayTee · Jan 23, 2013, 09:46 AM

Because you are insightful and it's a legal theory called "I don't want you but I don't want anyone else to have you."

harwayj · Jan 23, 2013, 09:50 AM

Seems I have multiple answer and I will consult a lawyer to see what they think does not hurt to get this cleared. As for talaniman it is not a miff you may or may not have been in any one shoes to note that while your out fighting for your country your spouse is sharing with another.

Ms JudyKayTee,

No it is not that I do not want her to have someone else. Many thing have transpire over the years and me out putting my life on the line and thinking that I am going to come back to a happy home only to hear that I stayed with you for 10 years and now I get your retirement for the rest of my life would you or would you not be angry?
But the only focus I had was my daughter and wanted to ensure that she had a place to lay her head and not worry about where her next meal would come from. So therefore I will consult a lawyer cause the daughter is grown and gone so just like I said why do I need to continue taking care of ex and her spouse so nothing there for not wanting anyone else to have her really?

JudyKayTee · Jan 23, 2013, 10:20 AM

I'm not arguing with you. I'm telling you the law, which you apparently are not understanding. People say terrible, hateful things to each other during a divorce. Certainly if my spouse lied to me for 10 years I'd be unhappy. I also would have asked questions long before this, I'd read the law so that I understand it and I'm stop referring to why you are supporting your ex and her current. It sounds like sour grapes.

And thanks for serving our Country - which, by the way, other people who post here also did.

My advice? Move on. Her award certainly appears to be by Statute and, unless you change the law retroactively (and others have tried) you have no case.

ScottGem · Jan 23, 2013, 11:04 AM

Originally Posted by harwayj

now i get your retirement for the rest of my life would you or would you not be angry?

Here's a problem I've been having all along. You keep saying that she gets your retirement for life. But, it looks like she only gets 40% and it looks like she was with you for a little less than half the time you served (Thanks for your service). So the 40% makes sense. And the payment for life makes sense because that's what a pension is.

I think your anger is misplaced. I think the award of your pension was neither unfair nor illegal. I think you should be angry at yourself, for not questioning the proceedings more, not taking an active part in the proceedings and not going through the paperwork and then filing immediate protests. I think you are also angry that she moved on. I don't know how much of your anger is well founded and how much isn't. But it seems to me a large part of it is misplaced.