I have a VA disabled rating of 40%. The amount of my disabled VA pay reduces my actual military retired pay. The Uniform Services Former Spouse Protection Act (USFSP) states an ex spouse can receive up to 50%, which she qualifies, of my disposable military retired pay. My VA disability rating increased recently from 10% to 40%, decreasing my disposable retired pay and reducing the amount she receives. I got a letter from her lawyer asking why she is receiving less, so he can correct the cause. How can he possibly correct the cause? I have no control of what she receives due to my VA rating. Can I be forced, now, to make up the difference from what she was receiving? It doesn't seem right based on the USFSP Act.
Your ex can seek an apportionment from VA of the increased disability amount, if she has a valid support order. Don't look at it only in light of the USFSPA but in the totality of all governing laws--including the VA ones pertaining to apportionments.
As Mr. Early suggests. There are ways that a marital share can also come from disability payments.
It would be a good idea to visit your local military legal assistance office. As a retiree you qualify for free legal assistance. They may be able to help you work out the best arrangement. If they can't they will have a list of local lawyers who are familiar with military divorces and benefits.
Answering your question does not create an attorney-client relationship. Every case is different and a resolution depends on a thorough review of applicable facts and law. No attorney can guarantee a particular outcome or result.
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