Letter to Uniformed Service—Request for Direct Payments of Military Retirement Benefits
[Date]
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Assistant General Counsel for Garnishment Operations
DFAS-HGA-CL
P.O. Box 998002
Cleveland, Ohio 44199–8002
Re: [Full name of servicemember]
Social Security number [full number]
Court-Ordered Award of Military Retirement Pay
[Salutation]
I represent [name of former spouse], the former spouse of the United States [branch of service] [retiree/member] [name of servicemember]. In accordance with the terms of the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. section 1408, as amended, I am enclosing the following documentation:
1.An Application for Former Spouse Payments from Retired Pay, DD Form 2293. [This form is available at www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2293.pdf or www.rcretirement.com/docs/dd2293-20130901.pdf.]
2.A copy of the Decree of Divorce that has been certified within the last ninety days.
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If an MRPDO is used and was incorporated into the decree of divorce, and the MRPDO includes specific findings about the parties’ dates of marriage and divorce, it may not be necessary to send DFAS a copy of the decree of divorce. |
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Include the following if applicable. |
3.A copy of the Military Retirement Pension Division Order that has been certified within the last ninety days.
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Continue with the following. |
4.A Certificate of Finality of Court Order executed by me [see form 25-33].
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If the MRPDO (or decree of divorce) includes specific findings about the parties’ date and location of marriage, it is usually not necessary to send DFAS a copy of the marriage certificate. |
5.A copy of the parties’ marriage certificate.
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Whether or not the retired pay will be paid to the client soon, send a W-4P form to expedite action by DFAS; the form will be required before DFAS will make direct payments to the client. |
6.A Withholding Certificate for Pension or Annuity Payments.
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DFAS will probably insist on payment by direct deposit. To expedite action by DFAS, send Department of Treasury Financial Management Service Form FMS 2231 with the initial application package. |
7.Direct Deposit Authorization.
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If the servicemember has not retired at the time of the divorce, use the following. |
The Decree of Divorce [include if applicable: and the Military Retirement Pension Division Order] awarded to [name of former spouse]:
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Include the language used in the decree of divorce or the MRPDO. |
to be paid as a result of [name of servicemember]’s service in the United States Armed Forces, [include if applicable: as well as that share attributable to this interest of all increases in the United States Armed Forces disposable retired pay due to cost of living or other reasons,] if, as, and when received by [name of servicemember]. [Name of former spouse] was married to [name of servicemember] at least ten years during which [name of servicemember] performed at least ten years of service creditable toward retirement. The [Military Retirement Pension Division Order/Decree of Divorce] sets forth the pertinent information required by the Uniformed Services Former Spouses’ Protection Act [include if applicable: , beginning at page [number]].
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If the servicemember has retired at the time of the divorce, use the following. |
The Decree of Divorce [include if applicable: and the Military Retirement Pension Division Order] awarded to [name of former spouse] the sum [equal to [percent] percent of [name of servicemember]’s disposable retired pay, as well as that share attributable to this interest of all increases in the United States Armed Forces disposable retired pay due to cost of living or other reasons, if, as, and when received by [name of servicemember]/of $[amount] per month of [name of servicemember]’s disposable retired pay]. [Name of former spouse] was married to [name of servicemember] at least ten years during which [name of servicemember] performed at least ten years of service creditable toward retirement. The [Military Retirement Pension Division Order/Decree of Divorce] sets forth the pertinent information required by the Uniformed Services Former Spouses’ Protection Act [include if applicable:, beginning at page [number]].
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Continue with the following. |
The court entering the Decree of Divorce [include if applicable: and the Military Retirement Pension Division Order] was a court of competent jurisdiction to hear divorce matters and divide property, and the decree was entered in accordance with the laws of Texas.
Please consider this letter a formal request on behalf of [name of former spouse] that you make payments directly to [her/him] in the amount of retired or retainer pay specifically provided for in the enclosed court order. The payments should be sent to [name of former spouse] at [address, city, state].
The Decree of Divorce [include if applicable: and the Military Retirement Pension Division Order] [is/are] [a] final judgment[s], as certified in the enclosed Certificate of Finality of Court Order.
I would appreciate your prompt acknowledgment of receipt of this letter and the enclosed documents. If further information is required, please let me know and I will promptly furnish it to you. I look forward to hearing from you in the very near future.
Sincerely yours,
[Name of attorney]
Enc.