Why Did DFAS Reject My Military Retirement Order?

Read the DFAS letter alongside the judgment, the retirement order, and the packet you actually submitted. A request for a certified document calls for a different response from a letter saying the agency cannot calculate the award.

Is something missing from the application?

DFAS generally asks for a signed DD Form 2293 and a clerk-certified copy of the operative court order. Depending on the order and the relief requested, it may need other documents showing marriage dates, the award, or information relevant to eligibility for direct payment. Identify the item cited in the letter and retain the corrected submission and delivery confirmation. DFAS application instructions

Does the court order give DFAS enough information to calculate the payment?

An award of “half the marital portion” may express the parties’ bargain while leaving the pay center without enough data to calculate the payment. Ask counsel to compare the rejected language with the judgment and the applicable federal requirements. If clarification is needed, the proposed order should carry out the award the court made. A revision that changes the economic result presents a separate legal issue. DFAS frequently asked questions on rejected orders

What if the application was approved but nothing has arrived?

Confirm that the approval covers the award you are expecting and ask when the pay center expects payments to start. If the member is not yet eligible for retired pay, DFAS may retain an approved application until eligibility begins. If the member is already eligible, compare the complete application’s receipt date with the processing timeline and confirm the payment instructions. DFAS guidance on when direct payments begin

Who handles money that should already have been paid?

Compare the judgment’s payment terms with the actual payment history. DFAS says direct property payments under the USFSPA are prospective. If you believe earlier amounts were due under the judgment, identify the months, record what you received, and ask California counsel to evaluate what enforcement is available. If the issue is the 10/10 direct-payment requirement, review the state-court award and any payment obligations between the parties separately. DFAS guidance on prospective payments · Edgar & Dow’s guide to the 10/10 rule

What exactly did the agency receive?

Make an index of what was sent, when, by whom, and through which channel. Keep the letter or online confirmation next to the complete packet. A lawyer reviewing the matter needs the version received by the pay center, including every attachment. A proposed order still on a lawyer’s computer and a certified order actually submitted can look similar in a client file.

Read the response line by line. If it asks for a missing exhibit, check whether the judgment incorporates that exhibit and obtain the relevant court copy. If the response raises eligibility or jurisdiction, have counsel identify the facts and documents that address that issue. Resubmitting the same material without addressing the stated deficiency can leave the application in the same position.

When can a wording problem require a return to court?

Suppose the judgment awards a share of the marital portion, but the submitted documents leave the relevant service period or calculation unclear. Compare the judgment, settlement agreement, and any later order before drafting proposed language. Identify where the award was made and what information the pay center needs to calculate it.

A proposed clarification should be evaluated against the substantive award. If the parties disagree about what the court awarded, identify that dispute before presenting an agreed order. If the original judgment omitted the retirement asset entirely, ask counsel to evaluate that issue separately. Related draft on military retirement omitted from a divorce judgment

Which date starts the payment clock?

DFAS states that when the statutory requirements are satisfied and the member is already eligible for retired pay, payments must begin within 90 days of effective service of a complete application. For an approved application submitted before the member is entitled to retired pay, DFAS describes a 90-day period beginning when the member becomes entitled. Use the date the agency recognizes for the complete application and verify the member’s retired-pay status. DFAS guidance on receiving former-spouse payments

When the first payment arrives, compare it with the approved award and the relevant pay records. If the number differs from your estimate, identify the calculation and benefit being paid before asking for a correction. Keep a monthly record so counsel can distinguish an error in the first payment from a later change in the underlying retired pay.

What if the member paid directly while the application was pending?

Keep those payments on the same timeline as the expected agency payments. Record the amount, date, and period covered. If the member used an allotment or private transfer, coordinate the transition when direct payments begin so neither person loses track of overlapping amounts. Review the order before changing any arrangement.

When seeking payment for earlier months, prepare a ledger that shows what you believe was due, what was paid, and why you believe each balance remains outstanding. Bring the ledger and payment records to counsel. That gives the attorney a starting point for assessing what the judgment requires and what relief is available.

Edgar & Dow can help you evaluate the California family law issues and prepare for the next decision. Contact Edgar & Dow to schedule a consultation.

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