What motion should be filed in order to have a QUAD order for military retirement entered into court?

Asked 12 months ago - Oxon Hill, MD

My sister was divorced in 1999. Her husband was in the military reserves and she qualified for the 10/10 rule regarding his military retirement. She obtained a QUAD order showing the percentage she is entitled to. Her former spouse did not sign the quad order to be entered into court. She was told she needed to file a motion in order for the process to move forward. What is the proper motion she should file in order to execute the implementation of the quad order so that she can start collecting her portion of his military retirement.

Attorney answers (2)

  1. Steven P. Shewmaker

    Contributor Level 12

    4

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . 1. "My sister was divorced in 1999." Very well.

    2. "Her husband was in the military reserves and she qualified for the 10/10 rule regarding his military retirement."

    Therefore, they were married for more than ten years, and that ten years overlapped with ten years of military service creditable towards retirement; that is ten "good years" so as a reservists - as you say - he earned at least 50 points per year for each of those ten years.

    3. "She obtained a QUAD order showing the percentage she is entitled to."

    I take this to mean that she had the same judge, that signed the order divorcing them, sign a separate order directing the Defense Finance and Accounting Service (DFAS) to pay her a portion of the retirement directly. This order is called a Military Pension Division Order (MPDO). She is only "entitled to" portions earned during the marriage as determined by the judge (anywhere from 0 to 100% of what was earned during the marriage).

    4. "Her former spouse did not sign the quad order to be entered into court." This is puzzling to me since federal law (10 USC 1408) and DFAS implementing regulations do not require either party to sign the MPDO, just the judge. But, when I do these orders, I generally have the parties sign them anyhow.

    5. "She was told she needed to file a motion in order for the process to move forward."

    Assuming there is an order, an MPDO, already; a certified copy of it needs to be sent to DFAS within 90 days of the date the final order was certified; along with it she needs to send a certified copy of the final decree of divorce. If this is not done, she needs to get certified copies of both and send them again. There is also a Department of Defense form 2293 that must be completed and sent along with it. BUT, I do not believe there is any motion that needs to be filed.

    6. "What is the proper motion she should file in order to execute the implementation of the quad order so that she can start collecting her portion of his military retirement."

    None. DFAS will implement if done as I outlined above. DFAS will not be motivated by any other court orders. Now, if there is back pension payments that she did not receive because this was not done yeas ago, that is another matter.

    DFAS will not make back payments to her. Depending upon exactly how the divorce decree was worded regarding the pension, she may be able to file a motion with the court to seek an order for him to pay her all - or a portion - of the back pension payments, if there are any. This may also be affected by the limits of her state law.

    I hope this helps. Good luck.

  2. Jeffrey P Nesson

    Contributor Level 14

    Answered . Your sister needs a lawyer not a brother with a computer. This is a complex issue given the time lapse and the potential arrears owed. It will be money well spent.

    This is not to be considered legal advise and no attorney client has been established.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Retirement Plans in a Divorce

If one spouse in a divorce has a retirement plan, it may be split between the parties. How the plan is split depends on its type and value.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,691 answers this week

3,095 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,691 answers this week

3,095 attorneys answering