I married my spouse after he retired from Army, after 14 yrs we divorced. The NH court awarded me spousal support; however, the Military granishment center won't recognize the divorce decree....they advise I must get a court order to granish the retiree's pay from a court ordered support agency and the court support agency must in turn send them the order before they will deuct from my ex-spouse retiree pay. Is this correct?
State/Country relating to question: New Hampshire
Sent court decree to DFAS London, KY, DFAS Cleveland, OH and paperwork to Military Garnishment Center...I believe in Ohio
Thanks for the chance to help. I am an attorney with over 12 years military law experience.It is accurate that you can not garnish military pay with a divorce decree. But there IS a way, in certain cases, to get direct payment. It depends on how the court divided the assets.Can you tell me, you were married 14 years...how many of those years was he on active duty?And you mention support? Did the court also give you a portion of his military pension (awarded in the property settlement of the decree of divorce)?
He was not on active-duty when we got married....The court awarded me spousal support with an order for James to pay via gov't allotment but James refuses to execute the allotment...I've had to file contempt hearing to have his retirement garnished...hearing will be Aug 7th...in the mean time is that my only recourse?
Yes. Sorry to have to bear bad news. The one way to get DFAS to "garnish" is if the court awards a percentage of his pay as property (in the property division of the decree). In such cases, DFAS can pay the former spouse directly (if the marriage and the service overlap by at least 10 years)But that is the only way to garnish based on a divorce...so in your case, since this was a support order and not a division of property, DFAS will not pay you directly.Again, sorry to have to bear bad news
Please provide the military regulation on this subject...
It is not a military regulation...DFAS is actually not part of the military. They provide pay, but are not subject to military law. It comes from federal law. Specifically 10 US Code 1408.The pertinent part reads(2) If the spouse or former spouse to whom payments are to be made under this section was not married to the member for a period of 10 years or more during which the member performed at least 10 years of service creditable in determining the member’s eligibility for retired pay, payments may not be made under this section to the extent that they include an amount resulting from the treatment by the court under subsection (c) of disposable retired pay of the member as property of the member or property of the member and his spouse.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
what is the "language" correct wording needed to garnish wages by employer to DFAS?
I an not sure what you mean by "DFAS granting garnishment to employer." I thought we were discussing divorce.
disregard...I found the answer I was searching for...
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