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Jessica
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P. Simmons, Expert
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P. Simmons, Expert
The answer is yes...they can. And they will, IF the order does not comply with federal law.
Here is the law that applies:
https://www.law.cornell.edu/uscode/text/10/1408
This is called the "former spouse protection act". It is the federal law that allows division of retired pay in divorce (prior to this law, it was not legal for a divorce court to divide military retired pay, which stemmed from this case https://supreme.justia.com/cases/federal/us/453/210/ )
But the former spouse protection act stepped in to change that ruling
Bot***** *****ne: yes...DFAS can refuse to pay an order if the order does not comply with the law
Please let me know if you have more questions. Happy to help if I can.
P. Simmons, Expert
Follow up, wanted to see if you were able to view my answer and to check if you had any follow on questions?