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Lawyer Help When DFAS Rejects Pension Order In CA

Help When DFAS Rejects Pension Order

Congratulations, the judge signed your divorce judgment and you are already dreaming of direct deposits from the Defense Finance and Accounting Service. Then the brown envelope arrives: “Order Rejected Due to Ambiguous Language.”

One missing phrase can send you back to square one, costing months of attorney time and thousands in fees while your ex continues to collect 100 percent of the retirement pay. Knowing the top three rejection triggers and the fast track fix for each will save you a second trip to the courtroom.

Rejection Reason One: Faulty Hyphenated Years

  • DFAS wants whole years of creditable service, not months or days
  • Phrases like “12.5 years” force a manual review that ends in denial
  • Solution: round down to “12 years” and add a dollar amount to avoid fractions

Last month we received a rejection because the order listed 19 years 11 months 14 days. We amended to “19 years” and inserted a fixed dollar award for the remaining marital share. The revised order sailed through in 14 days, and the client received retroactive payments to the original divorce date.

Rejection Reason Two: Missing Survivor Benefit Plan Language

DFAS will not divide retired pay unless the Survivor Benefit Plan election is either awarded to the former spouse or expressly waived. Omitting the SBP clause is the single most common error we see from civilian family lawyers.

The fix is adding a single sentence: “Former spouse is hereby awarded SBP coverage with member cost deducted from member’s share.” If the member refuses SBP, we state that waiver explicitly so DFAS knows the omission is intentional.

We also attach a DD 2656-1 form pre filled with the former spouse’s name and social, which DFAS loves because it speeds data entry. And we calendar the one year deadline from the date of divorce; late SBP elections require a motion to reopen and a showing of good cause, which courts do not grant lightly.

Rejection Reason Three: Rank And Pay Scale Errors

DFAS cross references every order against the member’s official record. If your order uses the wrong retirement rank or cites an outdated pay table, they will kick it back. We always attach a copy of the most recent DFAS pay chart and highlight the correct column so the technician does not have to guess. Sounds simple, yet we see orders that cite 2016 rates for a 2024 retirement, a $400 monthly difference that adds up fast.

When a rejection lands, we file an amended order within five business days and request retroactive application to the original judgment date. California courts have continuing jurisdiction, so the judge can sign a corrected order without reopening the entire divorce. We also send a courtesy copy to opposing counsel to avoid surprise and speed agreement.

Got the dreaded rejection letter? Upload it to us here and we will diagnose the error for free, quote a flat fee fix, and usually have a compliant order back to DFAS within one week so the direct deposits you counted on can finally start.