Military Retirement Pension Division Order

[Guest Bearlee]

1. I have a client who had a divorce decree in 2004 and was awarded $301 in his retirement pay (no specific order to the U.S. govt was made)

2. Dude hasn't paid since then. So she wants to garnish his military pay (he retired from the Navy and had 4 TODs in Vietnam)

3. There is no QDRO needed, just the order with some requisite facts that the military pension division (DFAS) requires.

Q. Can this be done ex parte?

Q. Defendant's former counsel is no longer in the private sector - serve it just on defendant?

As far as the survivor annuity, I presume that the wife doesn't have a right to it any more, as likely the service member has named another survivor beneficiary.

Anyone with some knowledge of military pensions -- if you could provide some input, that would be really appreciated. Thank you.

[JanetM]

Military folks don't get pension. They retire and get "retired pay" that is subject to COLA adjustments. You can't use QDRO to divide this payment.

Here is site on USFSPA - Uniform Services Former Spouse Protection Act. Check out the FAQ at the bottom of the page.

http://www.militarydivorceonline.com/usfspa.html