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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19204
Experience:  Lawyer and current JAG officer.
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I am the former spouse (32 years of marriage) of a retired

Customer Question

I am the former spouse (32 years of marriage) of a retired Army officer. I have sent three certified copies of the divorce decree to DFAS over the past 18 months. The settlement includes a COURT ORDER that states I am to receive 50% of his retirement pay. My former husband made the arrangement for the automatic deposit 18 years ago. I suspect I am not receiving the full 50% and have been trying to find out the specifics of his retirement pay, in writing to include disability payments (I understand I am not entitled to receive those monies). I have had no success, and the last correspondence incorrectly stated that I do NOT have a court order, but only an allotment. I absolutely DO have a court order in the state of Washington, 1998, and I would expect the certified copies are at DFAS. How do I get an itemized copy of his retirement pay so that I may determine the correct amount?
Kathryn A. Penk (Koch)
David M. Koch SSN:###-##-####
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

If he will not provide that to you and DFAS won't (and they don't sound like they will), you need a court order that specifically states you have to be given that information. Without it, DFAS doesn't have to provide it and this is probably what they mean when they say that you don't have a court order. You don't have a court order requiring them to give you documentation of his pay and you need that, individually.

So, you'd need to file a motion with the court that ordered your original divorce, requesting that he be required to provide that documentation or that DFAS be required to give it, so that you can determine if you are being paid correctly. You'll have to allege, in that complaint, the reasons that you believe you are not getting the correct amount.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.