Can Dfas refuse to enforce a legal court order regarding division of retired military pay? Tennesee. Retired Veteran

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Customer: Can Dfas refuse to enforce a legal court order regarding division of retired military pay?
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: Tennesee
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: Retired Veteran
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by P. Simmons in 5 mins 7 months ago
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P. Simmons
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P. Simmons
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P. Simmons, Expert

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

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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.

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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?

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