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Defense Finance and Accounting Service (DFAS)

Defense Finance and Accounting Service (DFAS). Adoption Reimbursement – 10 USC Sec. 1052 May be eligible for up to $2,000.00 per child not to exceed $5,000.00 in a calendar year. DD Form 2675 www.dfas.mil/militarypay/adoptionreimbursement Child Support and Maintenance – 42 U.S.C. Sec 65C

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Defense Finance and Accounting Service (DFAS)

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  1. Defense Finance and Accounting Service (DFAS) Adoption Reimbursement – 10 USC Sec. 1052 May be eligible for up to $2,000.00 per child not to exceed $5,000.00 in a calendar year. DD Form 2675 www.dfas.mil/militarypay/adoptionreimbursement Child Support and Maintenance – 42 U.S.C. Sec 65C Support is limited to 50% if member is providing more than half of the support to other family members. Support is limited to 60% if not providing for family members. An additional 5% may be added if the member has an arrearage of 12 weeks or more. If there are multiple orders, DFAS will send a pro rata share toward each obligation.

  2. Uniformed Services Former Spouses Protection Act (USFSPA)10 U.S.C. 1408 Uniformed Services: Army Marines Navy Air Force Coast Guard U.S. Public Health Service uniformed personnel National Oceanic and Atmospheric Administration uniformed personnel

  3. Uniformed Services Former Spouses Protection Act (USFSPA)10 U.S.C. 1408 Jurisdiction Retirement Division up to 50% of the disposable retirement pay (retired pay minus amounts owed to the United States for previous overpayments, forfeitures of retired pay ordered by court-martial, amounts waived in order to receive compensation under Title 5 or 38 of USC, premiums paid under 10 U.S. Code Chapter 73 for Survivor Benefit Plan; disability benefits paid under 10 U.S. Code Chapter 61) not automatic and not required but is up to each state court (also includes District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands and the Trust Territory of the Pacific Islands. DFAS WILL NOT HONOR COURT ORDERS OF A FOREIGN COUNTRY UNDER USFSPA

  4. Uniformed Services Former Spouses Protection Act (USFSPA)10 U.S.C. 1408 Jurisdiction Retirement Division must have been married for ten years while the member was on active duty in order for DFAS to make the payments directly to the former spouse should be a percentage amount and cost of living increases will be automatic. It is acceptable to use a fixed dollar amount but in that case no cost of living increases will be given Concurrent pay legislation – President Bush signed legislation allowing those who were receiving 50% or more in disability after 20 years of service to have that portion also paid in regular retirement pay Concurrent Retirement and Disability Pay (CRDP) Public Law 108-136, Sections 641 and 642 Combat Related Special Compensation (CSRC) www.csrc.army.mil not divisible as property

  5. For those who retired from an active duty career: Total # of months of marriage while on active duty X 50% of the Total # of months on active duty Respondent’s disposable retirement pay (N.B. You must fill in the actual number of months married while on active duty or you will be required to later file a clarification order giving this number – DFAS will not do the math for you) You can also limit it to the rank at the date of divorce or to the date of divorce by adding as an E-6 retirement as of December 2007 Can be limited to the date of separation by calculating the month of marriage as of that date rather than the date of divorce Retired pay can also be garnished for Child Support and Maintenance

  6. For those who retired from the Reserves or Guard: Total # of points earned during months of marriage X 50% of the Total # of points earned Respondent’s disposable retirement pay (N.B. You must fill in the actual number of point earned while married or you will be required to later file a clarification order giving this number – DFAS will not do the math for you) You can also limit it to the rank at the date of divorce or to the date of divorce by adding as an E-6 retirement as of December 2007 Can be limited to the date of separation by calculating the points earned during marriage as of that date rather than the date of divorce In addition some military members (both active and reserve/guard) contributed to a Thrift Savings Plan which can be divided as property. Sample order can be found at www.dfas.mil/militarypay/thriftsavingsplan

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