Military Retirement pay division

NoTime2Waste said:

What is the name of your state? Florida
I'm married for 15 years and I have 1 child by my retired husband. l live in LA and filed for divorce in los angeles, CA. My Husband on the other hand lives in Pensacola Florida. He recently moved and I had to have a mailing service serve him. He received the documents but refuses to Respond. So I guess I have to submit a Default Judgment? Well I was told not to have a default judgment entered regardin the Retirement portion of the community Property... But what I'm not CLEAR on is how and when to File for the retirment portion in the Florida courts? Would I do that after the default Judgement excluding the Retirement portion or do I do that in conjunction with.... I want a second opinion because this is becoming to costly and The retirement is a big asset that I would like to negotiate with.... Legal Minds Please respond. I'm reading but have no clue....


Fla. Stat. 61.075 (“In … a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributingthe marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors….”)What is the name of your state?

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LdiJ said:

You are being penny wise and pound foolish not to hire an attorney when you are dealing with retirement assets.

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NoTime2Waste said:

according to the brown formula 220 months concurrent with active duty. But now I have another questions regarding default judgement.

Even though I asked for the respondents retirement in my default judgement request forms, and the judge signs off on it granting that portion to me and the respondent did not consent will I be able to go to the court that has jurisdiction and have that court uphold the california judgment in order to have DFAS honor the judgement for direct payment from DFAS? Or

Or will the California judge rule on everything except the retirement, in which case I would have to file with the other state court for retirement only? Help.

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NoTime2Waste said:

thanks for the response.

the respondent lives in florida now and was served in florida and i reside in california. since he didn't respond i'm entering a request for default judgment. Well according to USFPA the court must have jurisdiction over the retiree before DFAS may pay the petitioner directly.

With that said what would the judge do in this case or should I submit an ammendment to my request in california courts and have the florida courts hear the retirement portion only. Or if that is even possible for the florida courts to here just that portion?

Or can the california judge rule on the retirement and have the florida court uphold the ruling some sort of way and then submit to DFAS.....

thanx

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NoTime2Waste said:

complicated again.... He retired in June 07 moved out of the home... whereabouts where unknown until he called and told me he was in our home in florida. I filed for divorce in November 07 but he wasnt located until March 08....

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NoTime2Waste said:

thank you for your reply,

The respondent has been in and out of california over the months and he wanted california to be his place of residence. If I could submit evidence of some sort like mail he requested, job applications and correspondence that shows the respondent used my new address would that be helpful in showing that the respondent has been in california? He would come around and get mail but some of his mail is still here. Is it possible to submit this info to the courts?

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NoTime2Waste said:

What is the name of your state? Florida
I'm married for 15 years and I have 1 child by my retired husband. l live in LA and filed for divorce in los angeles, CA. My Husband on the other hand lives in Pensacola Florida. He recently moved and I had to have a mailing service serve him. He received the documents but refuses to Respond. So I guess I have to submit a Default Judgment? Well I was told not to have a default judgment entered regardin the Retirement portion of the community Property... But what I'm not CLEAR on is how and when to File for the retirment portion in the Florida courts? Would I do that after the default Judgement excluding the Retirement portion or do I do that in conjunction with.... I want a second opinion because this is becoming to costly and The retirement is a big asset that I would like to negotiate with.... Legal Minds Please respond. I'm reading but have no clue....


Fla. Stat. 61.075 (“In … a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributingthe marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors….”)What is the name of your state?

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LdiJ said:

I think that you are overreacting to this whole "jurisdiction" thing. Get a default judgement on everything, including the retirement, and submit that portion to DFAS. Just get it done.

Also, if you jointly own a home in FL, then I feel even more strongly that you need an attorney. There are simply too many assets to be handling this without one.

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