10 U.S. Code § 1408 - Payment of retired or retainer pay in compliance with court orders

any administrative or judicial tribunal of a Social Security Act), and, for purposes of this subparagraph, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

payment of child support (as defined in section 459(i)(2) of the Social Security Act (42 U.S.C. 659(i)(2)));

payment of alimony (as defined in section 459(i)(3) of the Social Security Act (42 U.S.C. 659(i)(3))); or

in the case of a division of property, specifically provides for the payment of an amount, expressed in dollars or as a percentage of disposable retired pay, from the disposable retired pay of aspouse or former spouse of that member.

are owed by that retired pay and for recoupments required by law resulting from entitlement to retired pay;

are deducted from the retired pay of suchretired pay ordered by a court-martial or as a result of a waiver of retired pay required by law in order to receive compensation under title 5 or title 38;

are deducted because of an election under chapter 73 of this title to provide an annuity to a (B) For purposes of subparagraph (A), in the case of a division of property as part of a (i) in the case of a retired pay to which theretired pay base and years of service on the date of the decree of divorce, dissolution, annulment, or legal separation, as computed under section 1406 or 1407 of this title, whichever is applicable, increased by the sum of the cost-of-living adjustments that—

would have occurred under section 1401a(b) of this title between the date of the decree of divorce, dissolution, annulment, or legal separation and the time of thesection 1401a of this title applicable to the (II)

in the case of a retired pay pursuant to chapter 1223 of this title, the amount ofchapter 1223 of this title, increased by the sum of the cost-of-living adjustments as described in clause (i) that apply with respect to the member.

The term “spouse or former spouse” means the husband or wife, or former husband or wife, respectively, of a member.

includes nothing on its face that provides reasonable notice that it is issued without authority of law.

Notwithstanding any other provision of law, this section does not create any right, title, or interest which can be sold, assigned, transferred, or otherwise disposed of (including by inheritance) by a spouse or former spouse. Payments by the Secretary concerned under subsection (d) to a spouse or former spouse with respect to a division of (3)

A court may not treat the disposable retired pay of a court, (B) his domicile in the territorial jurisdiction of the court, or (C) his consent to the jurisdiction of the court.

After effective service on the Secretary concerned of a disposable retired pay from adisposable retired pay of thespouse or former spouse (or for the benefit of such spouse or former spouse to aSocial Security Act or other public payee designated by aSocial Security Act, as directed bySocial Security Act (42 U.S.C. 608(a)(4)),[1] assigns to a retired pay.

If the spouse or former spouse to whom payments are to be made under this section was not married to the retired pay, payments may not be made under this section to the extent that they include an amount resulting from the treatment by the (3)

Payments under this section shall not be made more frequently than once each month, and the Secretary concerned shall not be required to vary normal pay and disbursement cycles for retired pay in order to comply with a (4)

Payments from the disposable retired pay of aspouse or former spouse to whom payments are being made, whichever occurs first.

If a disposable retired pay as the result of thedisposable retired pay of thespouse or former spouse of thespouse or former spouse under the division of property upon effective service of a final retired pay.

A division of property award computed as a percentage of a disposable retired pay shall be increased by the same percentage as any cost-of-living adjustment made under section 1401a after the (e) Limitations.—

In the event of effective service of more than one disposable retired pay of thedisposable retired pay which remains after the satisfaction of all (3)

pay to that spouse from the disposable retired pay the least amount directed to be paid during that month by any such conflictingdisposable retired pay which remains available for payment of such (ii) retain an amount of disposable retired pay that is equal to the lesser of—

the difference between the largest amount required by any conflicting spouse or former spouse and the amount payable to the spouse or former spouse under clause (i); and

the amount of disposable retired pay which remains available for payment of any conflicting (iii) pay to that disposable retired pay (less any amount paid during such month pursuant to legal process served under section 459 of the Social Security Act (42 U.S.C. 659) and any amount paid during such month pursuant to court orders) minus—

The Secretary concerned shall hold the amount retained under clause (ii) of subparagraph (A) until such time as that Secretary is provided with a spouse or former spouse to be valid and applicable to the retained amount. Upon being provided with such an order, the Secretary shall pay the retained amount in accordance with the order.

In the event of effective service of a Social Security Act (42 U.S.C. 659), both of which provide for payments during a month from the same (B)

Notwithstanding any other provision of law, the total amount of the disposable retired pay of aSocial Security Act (42 U.S.C. 659) with respect to aSocial Security Act (42 U.S.C. 662) to be remuneration for employment that is payable by the United States.

A disposable retired pay available for payment because of the limit set forth in paragraph (1), or which, because of previously servedSocial Security Act (42 U.S.C. 659), provides for payment of an amount that exceeds the maximum amount permitted under paragraph (1) or subparagraph (B) of paragraph (4), shall not be considered to be irregular on its face solely for that reason. However, such order shall be considered to be fully satisfied for purposes of this section by the payment to the (6)

Nothing in this section shall be construed to relieve a disposable retired pay under this section have been made in the maximum amount permitted under paragraph (1) or subparagraph (B) of paragraph (4). Any such unsatisfied obligation of aSocial Security Act (42 U.S.C. 659) in any case in which the maximum amount permitted under subparagraph (B) of paragraph (4) has been paid.

The United States and any officer or employee of the United States shall not be liable with respect to any payment made from retired pay to any (2)

An officer or employee of the United States who, under regulations prescribed pursuant to subsection (i), has the duty to respond to interrogatories shall not be subject under any law to any disciplinary action or civil or criminal liability or penalty for, or because of, any disclosure of information made by him in carrying out any of his duties which directly or indirectly pertain to answering such interrogatories.

the retired pay terminated as a result of misconduct while adependent child (as defined in regulations prescribed by the Secretary of Defense or, for the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Homeland Security );

(B) in the case of eligibility of a spouse or former spouse under paragraph (1)(A), the spouse or former spouse—

in the case of eligibility of a dependent child under paragraph (1)(B), the other parent of the child died as a result of the misconduct that resulted in the termination of retired pay.

The amount certified by the Secretary concerned under paragraph (4) with respect to a disposable retired pay of that (4) Upon the request of a court or an eligible spouse or former spouse, or an eligible (A)

if, in the case of a retired pay immediately before that termination of eligibility for retired pay, the (5)

A retired pay is increased under section 1401a of this title (or any other provision of law), the amount payable under the spouse or former spouse, or the retired pay.

A person’s eligibility to receive payments under this subsection that is terminated under subparagraph (A) by reason of remarriage shall be resumed in the event of the termination of that marriage by the death of that person’s spouse or by annulment or divorce. The resumption of payments shall begin as of the first day of the month in which that marriage is so terminated. The monthly amount of the payments shall be the amount that would have been paid if the continuity of the payments had not been interrupted by the marriage.

Payments in accordance with this subsection shall be made out of funds in the Department of Defense Military Retirement Fund established by section 1461 of this title or, in the case of the Coast Guard , out of funds appropriated to the Department of Homeland Security for payment ofCoast Guard .

If a spouse or former spouse or a dependent child eligible or entitled to receive a particular benefit under this paragraph is eligible or entitled to receive that benefit under another provision of law, the eligibility or entitlement of that spouse or former spouse or dependent child to such benefit shall be determined under such other provision of law instead of this paragraph.

For purposes of this subsection, in the case of a court-martial to receive a punishment that will terminate the eligibility of that retired pay if executed, the eligibility of thatretired pay may, as determined by the Secretary concerned, be considered terminated effective upon entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice).

If each form of the punishment that would result in the termination of eligibility to receive retired pay is later remitted, set aside, or mitigated to a punishment that does not result in the termination of that eligibility, a payment of benefits to the eligible recipient under this subsection that is based on the punishment so vacated, set aside, or mitigated shall cease. The cessation of payments shall be effective as of the first day of the first month following the month in which the Secretary concerned notifies the recipient of such benefits in writing that payment of the benefits will cease. The recipient may not be required to repay the benefits received before that effective date (except to the extent necessary to recoup any amount that was erroneous when paid).

is incapable of self-support because of a mental or physical incapacity that existed before becoming 18 years of age and is dependent on the (C)

if enrolled in a full-time course of study in an institution of higher education recognized by the Secretary of Defense for the purposes of this subparagraph, is under 23 years of age and is dependent on the (i) Certification Date.—

It is not necessary that the date of a certification of the authenticity or completeness of a copy of a (j) Regulations.—

The Secretaries concerned shall prescribe uniform regulations for the administration of this section.

In any case involving an order providing for payment of child support (as defined in section 459(i)(2) of the Social Security Act) by a (l) Garnishment To Satisfy a Judgment Rendered for Physically, Sexually, or Emotionally Abusing a Child.—

Subject to paragraph (2), any payment of retired pay that would otherwise be made to achild abuse garnishment order.