My former spouse just retired from the military after 26 years (E8). In our divorce decree (we were married 7 years) I was awarded 17% of his retirement. Since it is less than the 10 required to receive payments under DFAS, he is responsible for sending me a check. I just received my first check, however it seems low. The only thing I have to go on are the military retirement calculators that are online. According to the calculators I should be receiving around $520 but instead received $235. Should the 17% come from gross or net? I know I am going to have to ask for a copy of his earnings statement and it will be a battle as he been resistant in everything from child support to parenting. So I would just like to be sure I understand what I should be looking for. Thanks!
State/Country relating to question: Maryland
Thanks for the chance to help. I am an attorney with over 12 years military law experience.The 17% would typically come from "disposable retired pay" which would be gross AFTER any deduction from a waiver for VA pay. So, for example, if he is drawing VA disability, DFAS will reduce his pay, dollar for dollar to offset VA compensation. IF, for example, he was rated at 20% disabled by the VA, he would receive $251 from the VA and his military pension would be reduced that amount. If he has VA disability, his disposable retired pay will decrease.It would also decrease if he owed money to the US (like if he was overpaid prior to Retirement and has to pay it back now)Finally, if he is paying SBP insurance? That will reduce his disposable pay.You can see the law that applies herehttp://www.law.cornell.edu/uscode/text/10/1408
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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