Posted on Sep 30, 2015
Do you think it is fair that a woman be required to pay half of her military retirement to an ex-husband convicted of child molestation?
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I wasn't aware this was an "Arizona" law, and I got my divorce here... I thought it was part of Federal Law? In fact, I've seen some (here) keep most/all of their retirement thanks to good lawyers and what the spouse is willing to "settle for". My lawyer wanted to do the same for me, but I opted out as I felt she was entitled, but I did have a choice/option and I think, in this veterans rush to get the divorce, she may have screwed herself, so I'm a bit confused by this Can anyone out there shed a little light on this subject?
The fact that he is a child molester and has been sentenced to life in prison, should this have bearing as to whether he is entitled to receive the spouse's retirement? Please share your justification/rationale! :)
The fact that he is a child molester and has been sentenced to life in prison, should this have bearing as to whether he is entitled to receive the spouse's retirement? Please share your justification/rationale! :)
Posted in these groups: 
Divorce
Divorce
Edited 9 y ago
Posted 9 y ago
Responses: 30
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The courts do this as a way to help get that daily prison fee they charge inmates, plain and simple. It's about revenue that the State will get and nothing more. By the way, if it were the Veteran being sentenced for more than 30 days, regardless of the charge and the VA finds out, they will lose their disability or pension pay for the duration of that sentence. This should be no different!
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SGM Erik Marquez
PO1 Gary Michalosky " By the way, if it were the Veteran being sentenced for more than 30 days, regardless of the charge and the VA finds out, they will lose their disability or pension pay for the duration of that sentence. "
not since 1961 they don't..unless the crime was a violation of National Security.
You might want to read though the HISS Act,, revised 1961.
In general it states" Military retirees are dropped from retirement rolls only when convicted for national security violations according to the Hiss Act, as amended in 1961. ... Public Law 87-299, effective 26 Sep 1961, amended the Hiss Act and limited provisions to cases involving the national security"
not since 1961 they don't..unless the crime was a violation of National Security.
You might want to read though the HISS Act,, revised 1961.
In general it states" Military retirees are dropped from retirement rolls only when convicted for national security violations according to the Hiss Act, as amended in 1961. ... Public Law 87-299, effective 26 Sep 1961, amended the Hiss Act and limited provisions to cases involving the national security"
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PV2 Scott Goodpasture
MSgt Curtis Ellis - What's good for the goose is good for the gander. If a woman has a right to half of her spouses retirement no matter the circumstance. Then the opposite should be true. There are a lot of women at fault for bad marriages same as men.
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PV2 Scott Goodpasture
MSgt Curtis Ellis - As far as child molesting goes he should be euthanized. However it seems the Army now condones this in Afghanistan. But my opinion on abusing children no matter where they live is abhorrent. But she did marry the sob so live with her bad life decisions. Everybody does everyday
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MSgt Curtis Ellis
SGT Sara Hodgkiss Hopefully she can get it back into court and correct the situation...
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No exceptions! If any lawyer can shed any light. What about prenuptial agreements before the marriage???
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He should be entitled to nothing. We have laws in the US that prevent people from profiting from crime, ie writing a book or movie script about the crime, while incarcerated, so this is not so far removed from that line of reasoning. You're rights to your former spouses money should not extend to your prison cell, especially when you will die in prison, and never be able to really spend it in the first place. The entire federal law that allows a spouse to take half your retirement if you were married more than 10 years is total BS anyway. The military creates the perfect storm for a high divorce rate due to the stress, deployment cycle, etc. If they want to reward the injured spouse, it should come straight from their own budget, and not that of the retiree. This is just another form of liberal wealth redistribution.
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MSgt Curtis Ellis
Capt Errol Flynn I believe that when she filed for divorce, she was in such a hurry to get it completed that she, nor her excuse of a lawyer, didn't fully consider this.
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LTC Michael Murphy
And he is not "profiting from [his] crime" unless you count his being married a crime.
Since when does the ability to spend money have anything to do with whether or not you are entitled to receive it?
Since when does the ability to spend money have anything to do with whether or not you are entitled to receive it?
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This is one of those cases. The law is a good one. It is designed so that the good spouse after a 20 year hitch don't get left on the side of the road. Military life is hard on both. And its true that back in the day guys would get married just to get off post and have someone to talk to. NOW THE FIX. Law simply needs to be amended the same as retired pay rules are. If you commit a crime with more than 90 days jail time you loose the entitlement. Get our government sorry guys cant say leaders they are not showing much of that lately, involved
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The Judge can overrule this,IF, the two can agree. I am curious about how his incarceration status effects this as well. Get a mad dog mean lawyer and fight.
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MSgt Curtis Ellis
MAJ Karl Stumpff I believe that when she filed for divorce, she was in such a hurry to get it completed that she, nor her excuse of a lawyer, didn't fully consider this.
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DFAS has the answer to the basic question: Does Federal Law mandate sharing retired pay for a former spouse, even one who is in prison. The answer is that the division of retirement is not automatic nor mandatory, but subject to state law. It allows retired pay to be treated as community property, and says if a court divides the pay that a spouse recieve their awarded shared directly from the Defense Department.
http://www.dfas.mil/garnishment/usfspa/faqs.html
http://www.dfas.mil/garnishment/usfspa/faqs.html
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I believe it. Criminals have more rights than upstanding citizens. I am a parole/probation officer and have been for 18 years. You would not believe what I have seen and heard. Perhaps a good Atty would help.
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MSgt Curtis Ellis
CPL Linda Taylor I agree and believe that is what was missing during her divorce proceeding, a good lawyer!
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This could happen anywhere you divorce as this article shows. Unless the actual legislation has some type of exclusion, it's a done deal. Whether we like it or not.
http://www.arizonalawgroup.com/dividing-your-military-retirement-in-divorce/
http://www.arizonalawgroup.com/dividing-your-military-retirement-in-divorce/
Phoenix Military Divorce - Dividing Retirement
Divorcing a member of the military is almost the same as a civilian, but there are a few important factors to be mindful of. Call us at 602.548.3400.
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