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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:
Assistant General Counsel for Garnishment Law Directorate
P.O. Box 998002
Cleveland, OH 44199-8002.
The maximum amount that can be paid under the USFSPA is 50 percent of the member’s disposable income. DFAS will pay a former spouse the monthly amount or amounts awarded in the pertinent court order up to the 50% limit. The implementing regulation requires DFAS to construe all percentage awards as a percentage of disposable retired pay, which is gross retired pay less authorized deductions. Also, according to the implementing regulation, percentage awards will automatically receive a proportionate share of the member’s cost-of-living adjustments (COLAs), but COLAs are not available for fixed dollar amount awards, even if COLAs were awarded in the court order.
Cases that are paying under both the USFSPA and 42 U.S.C. § 659 (income withholding order) will pay up to 65 percent of the member’s disposable income. See question 2 for additional information.
The authorized deductions depend on the effective date of the parties’ divorce, dissolution, annulment or legal separation. If the date was on or after February 3, 1991, the authorized deductions are:
If a former spouse was awarded a percentage of a member’s disposable retired pay, changes in the member’s authorized deductions will result in a change in the amount the former spouse receives.