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Divorce Source Community Forums >> Military Divorce

Redlegg
Carpal \'Tunnel

Reged: 10/05/06
Posts: 26685

Re: Military Retirement

08/06/10 08:57 AM

It does not sound like it is enforceable under the USFSPA. I think it will have to be clarified. I am not sure where the rank at the time of retirement has to be considered, I have never seen that, but it may be something new.

If the order was more clear, it would only require your retirement date, they could plug that into the formula and determine how much you would be giving her. Chances are they will use the required 90 days from your retirement date to insure you do not have any legal issues as to why the award is not legal. DFAS will give you the time to present a legal determination that the award is not legal, or valid. You cannot just dispute it.

Right now it seems as if there is no reason to overturn it, but there is a reason to clarify it(in my opinion). Check with a lawyer for professional advice, and of course, good luck.

This may help:

w ww.dfas.mil/garnishment/military/AttorneyInstruction-01-04-10.pdf

Post Extras

Entire topic
Subject	Posted by	Posted on
Military Retirement	BurnedbyDivorce	08/05/10 11:44 PM
Re: Military Retirement	Redlegg	08/06/10 08:57 AM
Re: Military Retirement	elliesmom	08/07/10 09:46 AM
Re: Military Retirement	Redlegg	08/08/10 06:27 AM
Re: Military Retirement	BurnedbyDivorce	08/10/10 06:20 AM
Re: Military Retirement	Redlegg	08/17/10 05:08 AM

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