How to correct the USFSPA problem!
Congress must instruct the DFAS, to NOT allow garnishments on military retainer pay as property! The DFAS is to stop making payments on ALL past, present, and future court orders involving garnishments with a 'property' determination included. The DFAS must be in control of the funds given it by Congress and must groom and oversee the court’s orders for correctness of garnishments for child support and alimony ONLY. The courts will continue to bolster up and protect their welfare coffers, indirectly, by assuring the disenchanted spouse gets the ‘property’ payment via the poor wording of the uniformed service former spouses protection act. If the DFAS does not ‘step in’ the no-fault court will never "treat it as an option" to NOT garnish for property.
Such action by Congress would end the county divorce court's ability to maintain control over federal (benefit) funds (DFAS is a federal agency, Congress can, therefore, instruct them)! Such direction from Congress must NOT however, prevent a court from requesting garnishment action (from the DFAS) for child support and alimony payments.
The divorce court should be concerned with (and involved in) maintaining the welfare of the child and spouse, and, as in the civilian financial structure, property divisions (such as house and bank accounts), if such property is actual a tangible asset and is ‘there’ to be divided. Seeing as how retainer could require future military service (by recall) it is therefore "reduced pay for reduced service" and is "earned each month by the veteran". It is not a tangible substance of property such as an IRA, house, car, or bank account. No other governmental or legal entity treats military the retainer as property except the present action of the no-fault court!! The DFAS should also automatically make the payments (garnishments) for child support and alimony regardless of any time constraining, 'ten-year rule'. Either Child Support and alimony is needed or it is not, the stipulation for a minimum ten-year congruent service time and marriage, should be immaterial.
Such action would guarantee the military retainer benefit for those experiencing no-fault divorce and provide fairly (and with common sense) the needs of any children or the spouse. It would also help maintain career retention numbers, while assuring fairness and common sense in the no-fault courtroom.
Civilian appreciation for military service MUST always be demonstrated (along with legal fairness) if we wish to maintain (and have) a professional all-volunteer career force structure. With the present system all that is demonstrated is insult and contempt as retired veterans are treated as if fools, while the present career force members look on and realize they do not want the same treatment when they retire.
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