Law Lessons from JEANNE V. LEINS VS. KENNETH J. LEINS, App. Div. (A-5984-07T1; Decided July 10, 2009):
Picture by The National Guard
A Military Clarifying Order (MCO), is the military version of a Qualified Domestic Relations Order (QDRO).
In this case, the issue involved a military pension resulting from service in the Army National Guard.
For members retiring from active duty, the formula to be used, as set forth by Defense Finance and Accounting Service (DFAS), is the same formula described in Whitfield v. Whitfield, 222 N.J. Super. 36, 48 (App. Div. 1987).
For members retiring from active duty, the numerator is the time from marriage to separation while the member was performing creditable military service. The numerator is expressed in terms of whole months and must be set forth in the court order. If the numerator is expressed in terms of years or days, DFAS will convert it to months and drop odd days or partial months. The denominator will be supplied by DFAS in terms of whole months of service creditable for retirement eligibility. This results in the formula to calculate the former spouse’s award as a percentage of disposable retired pay. This is not the same mathematical formula, according to DFAS, as employed in the case of members retiring from reserve duty.
[See related Blog Post, published in the New Jersey Family Law blog.]
Print This Post
NOTE: Legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.
Leave a comment
Sorry, the comment form is closed at this time.