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B-261169 1 (1995-11-21)

handle is hein.gao/gaocrptacbg0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Chief Master Sergeant Roland L. Goad, USAF (Retired) File: B-261169 Date: November 21, 1995 DIGEST 1. When the former spouse of a retired member properly requests from the Defense Finance and Accounting Service (DFAS) direct payment of a portion of the member's retired pay and presents a court order requiring such payment which is valid on its face, DFAS is required to honor the request under 10 U.S.C. § 1408. The member's claim for a halt to the direct payments and refund of amounts already paid to the spouse is denied. 2. Court-ordered sanctions cannot be withheld from the retired pay of a military member when the amounts collected cannot be considered a debt to the government. DECISION This is in response to two submissions regarding the retired pay of Chief Master Sergeant Roland L. Goad, USAF (Retired). The first is an appeal by Sergeant Goad of a Claims Group settlement which denied his claim for termination of direct payment of a portion of his retired pay to his former spouse by the Defense Finance and Accounting Service (DFAS) and refund of amounts already paid. The second is a request by DFAS for an advance decision regarding the propriety of paying $400 per month from Sergeant Goad's retired pay to a Federal District Court clerk in accordance with a court order.1 Direct payment of a portion of Sergeant Goad's retired pay to his former spouse is proper, but DFAS may not comply with the federal court order to deduct sanctions from his retired pay. Sergeant Goad and his former spouse were married in 1950. He retired from the Air Force in 1974, and upon their divorce in 1980, Mrs. Goad was awarded 12/27, or 44.4 percent, of Sergeant Goad's retired pay. In 1985, Mrs. Goad applied to DFAS for direct payment of her share under 10 U.S.C. § 1408, and her application was 1DFAS has assigned control number 95-2-M to its request. 7271114

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