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![handle is hein.gao/gaobadnhg0001 and id is 1 raw text is:
i/i- eThe Comptroller General
of the United States
Wwhlneon, D.C. 20548
Decision
Phyllis M. Tharp - Direct Payment of Former
Matterof: Spouse's Military Retired Pay
File: B-229440
Date: November 25, 1988
DIGEST
Notwithstanding a 1986 modification to a divorce decree
giving her a direct interest in her former husband's retired
pay, the former spouse of a retired U.S. Army member is not
entitled to receive direct payments from the retired pay of
the service member since the original divorce decree issued
in 1977 awarded the retired pay solely to the member.
According to the Uniformed Services Former Spouses'
Protection Act and implementing regulations, a subsequent
amendment of a court order issued on or after June 26, 1981,
to provide for a division of retired pay as property is
unenforceable.
DECISION
This decision concerns whether the U.S. Army properly denied
Mrs. Phyllis M. Tharp's application for direct payments from
the retired pay of First Sergeant Ernest N. Tharp as called
for by a 1986 modified divorce decree issued by a Washington
court. After reviewing the information before us, we hold
that the U.S. Army acted correctly since it has no authority
to make direct payments to Sergeant Tharp's former spouse
from his retired pay in the circumstances of this case.
BACKGROUND
The Tharps were married on January 21, 1946, and divorced
in the State of Washington on November 17, 1977. In its
decree of divorce the court stated: The plaintiff
[Sergeant Tharp] should be awarded as his sole and separate
property, free and clear of any and all claims of the
defendant . . . all retirement benefits and other pension
rights the plaintiff has accumulated incident to his employ-
ment. In turn, Mrs. Tharp was awarded in lieu of an
interest in the retirement benefits accrued for the benefit
of the plaintiff incident to his employment during the
marriage of the parties a judgment in the sum of
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