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Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin, Lawyer
Category: Military Law
Satisfied Customers: 1544
Experience:  Military & Family Law. 30+ years experience. USFSPA pension division expertise.
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I have been divorced a year and my ex spouse transfers half

Customer Question

I have been divorced a year and my ex spouse transfers half of his retirement to my account every month. My question is how do I get him to set up an allotment? If something happened to him I would not receive my money and that concerns me
Submitted: 1 year ago.
Category: Military Law
Expert:  Lawrence D. Gorin replied 1 year ago.
NEED MORE INFO.....
What exactly does your Divorce Judgment say regarding your being awarded the right to receive half of ex-husband's military retired pay?
Customer: replied 1 year ago.

On the first of every month that he sends me half of his retirement which he does, but he manually transfers it to my account. My concern is if something happened to him I would not receive my money. I have asked him to set up an allotment and he wont, I feel it's a control thing.

Customer: replied 1 year ago.

Under maintenance the box is checked that the petitioner shall pay 600 maintenance monthly on the first of every month per.2.12 of Finding of Fact

We did this ourselves and I'm sure being I should be getting more things but we didn't have the funds to get a lawyer. I know this is not considered maintenance or does it?

Expert:  Lawrence D. Gorin replied 1 year ago.
YOUR QUESTION:
How do I get him to set up an allotment?

ANSWER:
You cannot force him to set up an allotment. However, given a court order for spousal maintenance, you may apply to DFAS for direct payment, as permitted under the Unifomed Services Former Spouses' Protection Act (USFSPA), 10 USC § 1408.

Court orders enforceable under the USFSPA include final decrees of divorce, dissolution, annulment, and legal separation, and court-ordered property settlements incident to such decrees. The pertinent court order must provide for the payment of child support, alimony, or retired pay as property, to a former spouse. "Alimony" includes spousal maintenance.

Here is what DFAS says:

To apply for payments under the Uniformed Services Former Spouses' Protection Act, a completed application form (DD Form 2293) signed by a former spouse together with a copy of the applicable court order certified by the clerk of court should be served either by facsimile or by mail, upon the:

Defense Finance and Accounting Service
Cleveland DFAS-HGA/CL
P.O. Box 998002
Cleveland, Ohio###-##-####br/>
Phone: 888-DFAS411 (1-***-***-****)
Fax: ***-***-**** (toll free)

To ensure your document is processed in a timely and efficient manner you must include the following information on the fax document:

  • Member/Employee Social Security Number (SSN) - Court Orders/Documents will not be processed if the SSN is not on the document
  • Return Phone Number
  • Return Fax Number

Please ensure original documents are clear and legible. In each fax transmission, include only correspondence for one member or employee (if you have multiple documents for one member, they can be sent on one fax transmission).

Application Form
The application form should state which awards the former spouse is seeking to enforce under USFSPA (i.e., alimony, child support, and/or division of retired pay as property). If the application does not contain this information, then only awards of retired pay as property will be enforced under the USFSPA. A former spouse should also indicate the priority of the awards to be enforced in case there is not sufficient disposable retired pay to cover multiple awards.


Court Order
The court order should contain sufficient information for us to determine whether the (Servicemembers' Civil Relief Act (SCRA or SSCRA) and the USFSPA's jurisdictional and 10/10 requirements (if applicable), have been met.

If we cannot determine the parties' marriage date from the court order, then the former spouse must submit a photocopy of their marriage certificate. If the former spouse is requesting child support, and the court order does not contain the birth dates of the children, the former spouse must provide photocopies of their birth certificates.

A retired pay as property award must be expressed as a fixed dollar amount or percentage of disposable retired pay. If the parties were divorced prior to the member's retirement, the court order can express the award as an acceptable formula or hypothetical retired pay award.

Application Checklist
Be sure you include the following items:

___ DD2293 application form completed and signed
___ Certified copy of Decree of Divorce, Dissolution, Annulment or Legal Separation
___ Marriage Certificate, if marriage date is not included in order
___ Birth dates of children included, or copy(s) of birth certificates (if applying for child support)
___ If order does not include entitlement award, include document that has it (i.e. Qualified Domestic Relations Order or Separation Agreement)
___ Completed Direct Deposit form
___ Completed IRS W4-P


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Expert:  Lawrence D. Gorin replied 1 year ago.
Having answered your inquiry, please proceed to rate the answer so that I may receive compensation for the time and expertise expended on your behalf. And I thank you in advance.

LDG

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