Claudia Joy
Bronze
Reged: 04/19/08
Posts: 25
|
|
I have read that DFAS does not make it easy on spouses trying to collect. My court order states that my ex has to contact me with in 30 days of being retired, but what if he doesn't? They can't do anything to him for not telling me. I was told to let DFAS know my new address when I move like that will matter. I have heard some horror stories with DFAS my order does not state anything with percentages so I don't have that. Its is very complicated can you recommend any website about this? Something with more info on it.?
Thank you for helping me
|
pdm1960
Platinum
Reged: 02/15/06
Posts: 261
Loc: California
|
|
Claudia,
The following comes from a pamphlet I received from my JAG office. It might help.
Collecting Support Payments: Commanders cannot order the member to make support payments (child custody, alimony, or retirement pay) even when theres a court order. They can however initiate administrative actions under certain regulations for failure to provide adequate financial assistance and/or fialure to meet financial obligations.
Former spouses hoping to collect unpaid payments have several options:
Involuntary Allotments: Former spouses can request that an allotment for child support, or child support coupled with alimony, be paid from a members paycheck to them. The request can only be made if the member has missed two months of payments. To make a request you'll need to fill out DD Form 2653, Involuntary Allotment Application, and file it with DFAS, along with copies of the court order requiring child support.
NOTE: the service member can challenge the allotment by showing an inability to pay.
Wage Garnishment: Garnishments are similar to allotments except they don't require child support. In other words, a former spouse can ask that wages be garnished for failure to make alimony payments and or child support. Here, the request can be made at any time; you do not have to wait until the payment is late to ask.
In order to get wages garnished, you'll need to get a court order requiring DFAS to withhold funds.
NOTE: the service member can challenge the wage garnishment by showing an inability to pay.
ALSO:
Direct Payments: Under USFSA, a former spouse can request that payments be made directly to them from the DFAS if the payments are for:
child support
alimony or
retirment pay, if part of the division of marital assets and if the couple were married for more than 10 years, with more than 10 years overlapping military service
AND
the money is being paid from retired pay.
In other words, Direct Payments can be only instituted once a member has retired and is receiving retirment pay.
To request Direct Payments, you'll need to fill out DD Form 2293, Request for Former Spouse Payments from Retired Pay, and submit it to DFAS along with a copy of the court order requiring support payments.
Good Luck
|
Claudia Joy
Bronze
Reged: 04/19/08
Posts: 25
|
|
Thank you for the detailed info; my situation is as this that alimony and child support is and will be paid on time, but retirmement will be an uphill battle. My court order says I am entitled to 114 months of retirment, but that is less than 10 yrs so DFAS will not disburse to me and i am hearing from others that the court order has to say what percentage you get in order to be paid. I am getting confused I guess on this some say if you have the formula in the decree they won't pay, but in my case they wont pay me directly anyway since we were married lest then 10 yrs.
|
pdm1960
Platinum
Reged: 02/15/06
Posts: 261
Loc: California
|
|
Claudia,
I did some googling and found the followng. It was written by an attorney in Colorado that is why he references Colorado.
The Myth about Dividing Military Pensions
First, to dispel the myth, all states, including Colorado, have the authority to divide a servicemember's military retirement, regardless of the length of the marriage (overseas courts cannot divide military retirements). In 1982, Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) which permits, but does not require, state courts to divide military retirement upon divorce, legal separation or annulment. 10 U.S. Code §1408.
Nowhere is the Colorado divorce court's authority to divide military retirement limited by the length of marriage. Many people, including some family law attorneys, believe that military retirement is only divisible if the marriage lasted at least 10 years.
What the USFSPA actually states is that the Defense Finance and Accounting Service (DFAS) will pay directly the former spouse's share of the military retirement if there were at least 10 years of marriage overlapping 10 years of creditable military service (the 10/10 rule).
State courts divide military retirement for couples with fewer than 10 years of marriage all the time - it simply means that the servicemember actually has to cut the check to pay the civilian spouse, rather than DFAS making the payments.
I googled "divorce less than ten years military retirement".
|
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
