Retired military veteran is charged above the federal guildines of 50 %. County uses any means to collect arrers.

Asked almost 2 years ago - Winter Park, FL

20 year AF Veteran was charged above the 50% -- government only paid at the federal guildines of 50% pay garnishment. Arrears accumlated and Santa Barbara County blocks vets passport and freedom of movement and aggressivly goes after bank accounts and collects IRS returns. Meanwhile vet completed child support and never missed any payments. Can vet sue the county in federal court for the unjust of over charges and defamation of character. Vet was attending medical school in the Caribean and could not complete his school becouse passport was blocked and in addition all the harrasments with bank accounts and IRS collection. Will this be enough justification for a civil law suit against a county in California and filed in Florida.

Attorney answers (3)

  1. Stephen P. Kelly

    Contributor Level 13

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    Answered . It's not real clear what you're asking, but it sounds like your military retired pay was divided in a divorce judgment. If that's the case, i think you are confused as to what is allowable. First, contrary to your misconception, the Federal government does not have guidelines that limit the authority of state courts to divide military retired pay. The only thing the "guidelines" say is that DFAS will only directly pay certain qualified former spouses up to 50% of disposable retired pay . State courts, however, are free to treat military retired pay as marital property in accordance with their own laws. So, if a state court ordered as part of the property division that the former spouse would get 70% of military retired pay, DFAS could directly pay a qualified former spouse 50% of the retired pay, but the retired service member would then be responsible for paying the former spouse the additional 20% in accordance with state law. In addition, it is also possible for the state court to divide the retired pay as marital property and also award alimony and child support. So, the court could give the former spouse a 50% share of the retired pay as part of the property settlement and on top of that award another amount as alimony and child support. The difference between these awards is that the former spouse receives sole title to any asset awarded as part of the property settlement. Alimony and child support are paid from the payee spouse's assets. You should consult a divorce attorney in the state that has jurisdiction over your divorce judgment. If you are required to pay alimony and child support, you might be able to modify it if there's been a change in circumstances since the judgment. However, most states do not allow modification of anything included in the marital property division.

    Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals.... more
  2. William Emil Cassara

    Pro

    Contributor Level 18

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    Answered . This is probably too complicated of a question for this forum. I suggest u repost in the consumer law forum and seek an attorney familiar with wage garnishment. This is not a military law question.

  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As Attorney Cassara indicated, these are not military issues. I am reposting you in the more appropriate practice areas.

    BTW, your status as retiree is immaterial to your issues, will get you no additional empathy with a court--recommend you drop it from your narrative—it smacks of pandering.

    Finally, recommend you get an attorney ASAP. The text you posted suggests to me that you would not be able to handle such a matter on your own.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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