6 Comments

  1. 1

    Ce Curts

    After this article was posted, DFAS changed their address from Cleveland to Indianapolis as follows:
    Defense Finance and Accounting Service
    U.S. Military Retired Pay
    8899 E 56th Street
    Indianapolis IN 46249-1200

    Reply
  2. 2

    Joe Yuna

    Unfortunately, when this Act was passed, several states like Virginia automatically made the proportion due to the ex-spouse non-negotiable. Now with the new tax code, if DFAS makes these same payments while the member does not by check or cash, does this income not qualify as alimony? And then what is it – spousal support therefore she is a dependent if the income received is larger than her own earned income? Did anyone in Congress or the military defend what little we receive while other benefits were eroded under Clinton?

    Reply
  3. 3

    Judith Bittikofer

    I want to know why a retired military member was 100% disabled under the VA and I was unable to touch his pay. I understand that but want to know why I was awarded a portion of his retired pay when he started receiving it and then the government stopped it and I had to pay back $8,000. I want to know why? This is his retired military pay and has nothing to do with disability pay. When I checked years ago I was told he had the option for me to receive it or not and he said he didn’t want me to receive it. You all have a copy of the divorce where it says I get a portion of his retired pay cause we were married 24 years could you please give me an explanation as to why?

    msjudy63@yahoo.com

    Reply
  4. 4

    Greg

    @Judith Bittikofer

    To answer your question, your former spouse payments are made from his ordinary retirement, NOT from any amounts he receives as disability payments.
    So when or if he becomes 100% disabled, ALL of his monthly retirement payments are NOW disability payments, meaning you now get $0. Because as I mentioned, what you were receiving were payments from his ordinary retirement. And it is a % of his retirement (not including any disability).

    Furthermore, this entire former spouse protection law is the biggest load of crap I’ve ever had to go through. What makes you or any ex-spouse entitled to our retirement after divorce until we die! This law should have NEVER been passed the way it was. It SHOULD have been written that you only receive those payments for the same amount of years that the calculations were performed to say how much you get each month. For example, if you were married for 10 years while he was on active duty, they use those 10 years to calculate the monthly payment. And the law should have said that you only are able to receive those payments for the same 10 years, then they STOP! The whole law is ridiculous. I mean these payments are considered Alimony IAW the IRS, and typically Alimony stops when the ex-spouse remarries. But under this stupid law WE (the military retiree) are screwed for life! Bunch of BS!

    Reply
    1. 4.1

      Kelly

      Greg, I feel ya. 🙂 There is certainly some further discussion that needs to be had on this issue. Sad thing, if you realize it, is that this all came about because of a retiring admiral who had affections for his assistant…

      Reply
    2. 4.2

      C

      You are rude. Half of the military wouldn’t even make it to retirement without their military spouses. When you retired, if you were married, she retired too. Don’t get me started on if I had to raise your children from a former marriage! I am glad the law has changed. We deserve it. Suck it up and show respect for us as former spouses! Pay up!

      Reply

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