I am retired from mil service and was divorced during my time in service. Judge awarded spouse 50% of marital portion of retirement pension. Ex-spouse claims to have submitted Qualifying Domestic Relations Order (QDRO) paperwork. Neither she or I have received any response stating the qdro was processed or approved. The qdro paperwork was filed over a year ago. Does anyone know how this process works, who it goes to, how long it takes or any other information that is useful? The QDRO payments are not being deducted from my retirement pension.
Posted by Ch3ap5h0T
2 Comments
Did she fill out form?
In order to apply for direct payments under the USFSPA, a former spouse must submit a completed Application for Former Spouse Payments from Retired Pay (DD Form 2293), and a copy of the pertinent court order stating the former spouse’s award or awards that has been certified by the clerk of court. A photocopy of the certified order is acceptable. In order to complete the application, the former spouse may have to submit additional documentation for DFAS to determine whether all requirements, such as 10/10 or jurisdiction, were met. The application must be sent to Garnishment Law Directorate at the Defense Finance Accounting Service (DFAS). The application may be faxed to 877-622-5930 (toll-free) or sent by regular mail to:
DFAS-HGA/CL
Assistant General Counsel for Garnishment Law Directorate
P.O. Box 998002
Cleveland, OH 44199-8002.
How long does it take for a former spouse to begin receiving direct payments under the USFSPA once DFAS approves the application?
If the member is already eligible to receive retired pay, the USFSPA requires that former spouse payments begin not later than 90 days after DFAS receives a complete application for payments which satisfies all the requirements of the USFSPA. This 90 day requirement gives DFAS enough time to process the application, and provide the member with the required notice. The member has 30 days from the date the notice was mailed to provide legal documentation showing why payments should not begin. No payments can be made until after the 30 day notice period. Also, since payments of military retired pay are made only once each month at month-end, the commencement of former spouse payments must be coordinated with the monthly retired pay cycle. If a member is not yet eligible to receive retired pay when DFAS approves the former spouse’s application, DFAS will retain the application. In such case, the USFSPA requires that DFAS begin former spouse payments not later than 90 days after the member becomes eligible to receive retired pay.
This is the info on how an exspouse applies for payments from DFAS. [Defense Finance and Accounting Service > Garnishment > usfspa > apply (dfas.mil)](https://www.dfas.mil/Garnishment/usfspa/apply/)