To continue with my personal crusade againstUSFSPA injustice….; discussed here, here, and here.
Yesterday, I came across this little tidbit from Tom Philpott in his Military Update column at Military.com. A true example of DOD lawyer double talk if you ever heard it:
To correct a point in your Military Update, the Defense Department has stated its position and advised Congress on this issue of amending the Uniformed Services Former Spouses Protection Act numerous times.
The Department supports the concept that the portion of a member’s retired pay that may be treated as property should be based on the
retiree’s length of service and pay grade at the time of divorce.
The Department does not believe that the USFSPA authorizes state courts to issue orders that would financially compel the member to retire to make retired pay available to a former spouse. Since the member is not entitled to receive retired pay prior to retirement, courts should not be permitted to require the member to make current payments to the former spouse based on the treatment of the member’s future retired pay as property.
Without this prohibition, military members may be economically compelled to retire to satisfy a court order requiring current payments to the former spouse.ELLEN G.KRENKE
Lieutenant Colonel,
USAF Office of the Assistant Secretary of Defense for
Public AffairsThe Pentagon
Thanks Ellen. Thanks for nothing. Thanks for proving my theory that the only people I hold in lower esteem than lawyers are public affairs officers…….good job spouting a flawed party line. The DOD lawyers did a fine job ignoring the real issues at play here. No wonder Vigilis hates them……..
If the point is wrong, then stating it over and over again simply continues the same injustice.
Lets go over it again:
1) Military retirement is different from a civilian pension.
2) Its wrong to give it away.
3) It is DOD’s job to stick up for service members; not the scum sucking leeches/worthless whore contingent of ex-wives who did nothing to earn this welfare check from the US government.
4) You know in your heart I’m right.
Questions?
One P.O.ed Skippy-san
