Justin R.
Your Military Qualifying Court Order Checklist
Reviewing your Military Qualifying Court Order Checklist, I noticed that question #9 asserts that the only option available is “Yes” if a percentage is stated in question #8. This seems to be in contrast with the Department of Defense, Financial Management Regulation, Volume 7B: “Military Pay Policy and Procedures – Retired Pay” (DoD 7000.14-R). Documented by the Under Secretary of Defense (Comptroller). My question pertains to Chapter 29: “Former Spouse Payments from Retired Pay”, that I believe was last updated in July 2019. Anyhow, in this regulation paragraph 290607 “Acceptable Formula Awards” subparagraph (D) states, “The sample Military Retired Pay Division Orders (see Figures 29-1 and 29-2) provide examples of acceptable formula award language.” While examining the example, beginning on page 29-30 that pertains to my particular situation, I noticed at the bottom it states, [Please note that all awards expressed as a percentage of disposable retired pay, including hypothetical awards, will automatically include a proportionate share of the member's COLA unless the court order states otherwise. Also, hypothetical retired pay amounts will be adjusted for all retired pay COLA from the hypothetical retirement date to the member's actual retirement date, unless this order states otherwise.] I found this to hold true with the follow-on example on page 29-32 as well. Intrigued, I went to paragraph 291002 “Cost-of-Living Adjustments (COLA)” and found, “If a retired pay award is expressed as a percentage of disposable retired pay, the former spouse will automatically receive a proportionate share of the member’s COLAs unless the court order states otherwise.” All three references state, "unless the court order states otherwise". While I am definitely not an aficionado on this matter, your Military Qualifying Court Order Checklist seems to contradict Under Secretary of Defense guidance’s...? So now I am totally confused. 😊 Can you shed some light on this matter for me? Search dod 7000.14-r volume 7b chapter 29 Respectfully submitted for your consideration, Confused
Response from QdroDesk™May 5, 2021
Justin - Thank you for leaving us a review. As you have found out in your research, the rules and options available when drafting a Retired Pay Military Court Order can be complicated. We are happy to discuss the points you brought up and how we can accommodate you within the confines of our software. Please call us at you convenience.


