What is the name of your state (only U.S. law)? South Dakota. I have a question regarding military retirement. My divorce was finalized in Aug. 2005 and I was awarded 47% of my ex-husbands military retirement which is paid monthly by Department of Defense Accounting and Finance. My ex called a few weeks ago and stated that he had applied for 100% disability, at the time of our divorce he was rated at 30%. He has recently had knee replacement surgery and has now applied for the additional disability. He did state that if my retirement disappears that he would pay me directly the amount I receive from the military every month. I asked if he would put it in writing and he refused. If I wanted it in writing his offer would disappear. A week or so later he called again and stated that he was advised by the VA my retirement would not be affected. Then yesterday he stated that he was misinformed and as of Feb.1st 2010 my retirement stops and to take him to court. All the information I have been able to locate such as the Uniformed Services Former Spouses' Protection Act and the Soldiers and Sailors Civil Relief Act both refer to the military member who has served a full 20 years, my ex only served 18 1/2 years and we were married 29 years with 17 1/2 while he was active duty. I contacted Defense Accounting and Finance and they advised that my retirement would not stop if he served a full 20 years but he did not. I cannot find out the correct information and this issue is of great urgency. I am a full-time student and own my home, which I make payments on. I work in a bar part-time and if my portion of the military retirement disappears then I cannot make my house payment. The retirement is half of my monthly income. My oldest daughter who is physically disabled and my granddaughter live with me and will also be put in jeopardy and I cannot let that happen. I know this is a lot but could you please try to find out the correct information regarding this issue? I need to know what I am going to be facing and if there is anything I can do to stop this from happening. Any information will be greatly appreciated.
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