Florida Joint Supplemental Petition for Modification

[gatortude]

Attempting to file in the 4th Judicial Circuit.

Parties were divorced in 1985. both parties agreed that former wife would be awarded military survivor benefits. This did not make it into the final judgement.

BF retired in 1989, but failed to elect former spouse coverage at time of retirement, therefore can only make this happen by way of court order.

Attempting to file a Joint supplemental petition for modification.

do substantial change in circumstances apply when jointly filing for modification?

I am grappling with the wording. However, the former wife does financially support and adult child of the marriage due to significant medical issues.

Suggestions?

[MixedBag]

WOWsa!!! 

if Dad now gets court ordered to do this -- he will have to backpay all the premiums that should have been collected under the survivor benefit program.

The BIGGEST concern should be to get the now-adult dependent enrolled in Tri-Care (for life I think it is), so that the child/now adult will have health coverage for the rest of his life.

As for the survivor benefit....oh boy....that's a HUGE ass price tag connected to that.   Retired here, and I elected not to cover my spouse.  We divorced, and now I remarried.  SO....if I want to cover new spouse, I gotta pay into the program as if I chose the program from DAY 1 of my retirement....and that for me would go back 14 years.  SO...Dad in your case would have to go back to the year he retired too.  Imagine that bill.....and think this through.

[gatortude]

To clarify (now that I have more info)... Dad retired in 1981, and elected retirement allotment and survivor benefits for his wife. They were divorced in 1985. Both parties had intended for the SB be in the divorce judgement, but somehow it was missed.

Dad was overseas some 20 years post divorce. All the while, he continued to pay on the SB election he had made for his former wife. It was not until the end of last year, when he wanted to increase her allotment, that he was informed that she was no longer a beneficiary of his survivor benefits. He has continued to pay because he hopes for this modification to correct the issue.

[MixedBag]

if he has continued to pay -- and he passes -- who is the beneficiary?

does he have a new spouse?

If he's dealing with DFAS, then he's gotta ask DFAS what they will accept to fix this.

And yes, it may be that the answer is it can't be fixed.

[gatortude]

Yes. A court order would fix the situation.

My question is in the wording of the modification.

In filing a Joint/Agreed modification, would I still have to meet the substantial change rule?

I am having difficulty wording my substantial changes.

[MixedBag]

in a mutual agreement -- both parties sign with a notorized signature and then THAT is turned into an order.

The wording....you're dealing with DFAS....(retired military here), and back in the day -- it was always recommended to get an attorney to draw up the Qualified Domestic Relations Order -- because DFAS can be $ickheads and play dumb when it comes to interpreting exactly WHAT an order is supposed to do. 

[MixedBag]

Coming back to this...

What is DFAS saying about this?  and be specific.

You might not need to "fix anything"...

[gatortude]

Their rules are that although my uncle elected his wife to receive survivor benefits and paid for them, it is void since the court order did not mention it.

it would take a court order to fix it.

this is what legal aid also told my uncle.

i have obtained a POA regarding legal, retirement, survivor benefits. I can seek legal advice, or hire an attorney on his behalf. So, I may need to make an appointment with an attorney to have this filed.

[MixedBag]

I remember the other thing I wanted to mention.....if you legally get guardianship of the daughter, she might lose her Tri-Care health insurance AND social security benefits that she would receive upon his death.

IF I'm guessing right....I couldn't remember this yesterday....after it popped into my feeble brain.