Military Divorce: Identifying, Obtaining and Introducing Military - - PowerPoint PPT Presentation

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Military Divorce: Identifying, Obtaining and Introducing Military - - PowerPoint PPT Presentation

Feb 15, 2023 409 likes •996 views

Presenting a live 90-minute webinar with interactive Q&A Military Divorce: Identifying, Obtaining and Introducing Military Financial and Other Documents as Evidence WEDNESDAY, NOVEMBER 11, 2015 1pm Eastern | 12pm Central | 11am

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Presenting a live 90-minute webinar with interactive Q&A

Military Divorce: Identifying, Obtaining and Introducing Military Financial and Other Documents as Evidence

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific WEDNESDAY, NOVEMBER 11, 2015

Mark E. Sullivan, Principal, Sullivan & Tanner, Raleigh, N.C. Dawn M. Laubach, Attorney, Laubach Law Office, San Antonio

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MILITARY DIVORCE: Identifying, Obtaining and Introducing Military Financial (and Other) Documents

Mark E. Sullivan, Raleigh, NC

mark.sullivan@ncfamilylaw.com

Dawn M. Laubach, San Antonio, TX

laubachlegal@hotmail.com

Strafford Webinars & Teleconferences 5

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LEARNING ABOUT DOCUMENTS YOU’LL NEED IN A MILITARY DIVORCE CASE

… and how to tame that paper tiger!

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What to ask for, how to get it, how to put it into evidence…

(without getting in “over your head”!!)

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Setting Your Sights on Military Support

Reading and Understanding the LES

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Leave-and-Earning Statement

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Secure “myPay” website: https://mypay.dfas.mil

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A Short Course in…

How to Read an LES [Leave-and-Earnings Statement]

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Leave-and-Earning Statement

Rank and Date of Pay

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Leave-and-Earning Statement

  • Yrs. of Svc. & Dischg. Date

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Leave-and-Earning Statement

Base Pay + BAS + BAH = Total Entitlements

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Leave-and-Earning Statement

Discretionary Allotments What’s this for… a car?

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Leave-and-Earning Statement

Used and unused LEAVE

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Leave-and-Earning Statement

West Virginia State of Residence for Tax Purposes

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Leave-and-Earning Statement

Number of Exemptions

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Leave-and-Earning Statement

Total Income = $6,091.86 Difference = $1,525.26 = BAS, BAH

Taxable Wages = $4,566.60

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Marital Fraction

See also SILENT PARTNER info-letter, “Guidance for Lawyers: Military Pension Division,” for language acceptable to the retired pay center to use in pension division orders- www.abanet.org/family/military

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How to read the points stmt.

Search Engine: KANSAS ARMY NATIONAL GUARD RETIREMENT INFORMATION HANDBOOK

  • or-

Army National Guard Information Guide On Non-Regular Retirement

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Retirement calculator

  • Search engine:

RESERVE RETIREMENT CALCULATOR

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NOE = Notice of Eligibility = “20-Year Letter”

  • Eligibility to put in for retirement
  • Attainment of 20 “good years” of

Guard/Reserve service

  • 50 points per year
  • SBP (Survivor Benefit Plan) options

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VA Rating Letters

  • Department of Veterans Affairs = VA
  • Rating letters tell what % rating is

assigned to “service-connected disabilities” of the retiree

  • Less than 50% = VA waiver

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CRSC Pay Statement

STATEMENT EFFECTIVE DATE APR 21, 2006 PAYMENT DATE MAY 01, 2006 SSN 123-45-6789 RETIREE’S NAME AND ADDRESS HOW TO CONTACT US PLEASE REMEMBER TO NOTIFY DFAS OF YOUR ADDRESS CHANGES MAJOR JOHN Q. DOE, USAF (RET.) 123 GREEN STREET APEX, NC 27511-1234 PAYMENT ADDRESS DIRECT DEPOSIT DEFENSE FINANCE AND ACCOUNTING SERVICE US MILITARY RETIRED PAY PO BOX 7130 LONDON, KY 40742-7130 COMMERCIAL (216) 522-6398 TOLL-FREE 1-800-472-7098 TOLL-FREE FAX 1-800-469-6559 myPay https://myPay.dfas.mil 1-877-363-3677 PAYMENT INFORMATION ENTITLEMENT INFORMATION CRSC Payment 377.00 CRSC Debt Deduction 0 CRSC Garnishment Deduction 0 CRSC Net Pay 377.00 Retired Pay Before Deductions 2,746.00 Retired Pay Offset by DVA Compensation 757.00 CRSC Debt Balance 0 Branch of Military Service AIR FORCE Garnishment Being Withheld NO THE DVA OR YOUR BRANCH OF SERVICE PROVIDED THE FOLLOWING CRSC SPECIAL MONTHLY COMPENSATION CODE 00 UNEMPLOYABLE NO DVA DISABILITY % 50 COMBAT RELATED DISABILITY % 30 PURPLE HEART % 00 CRSC START DATE JAN 01, 2004 SPECIAL MONTHLY COMPENSATION START DATE REMARKS This is your monthly CRSC statement. Please refer to myPay frequently asked questions for additional information about CRSC and this statement.

CRSC statement: at secure “myPay” website for retirees.

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DD Form 214

  • Report of Separation
  • “discharge papers”

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DD 214

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DD 214

http://vetrecs.archives.gov

National Personnel Records Center

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Application for retirement

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Retirement

  • rders

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RETIREE ACCOUNT STMT.

RETIREE ACCOUNT STATEMENT STATEMENT EFFECTIVE DATE DEC 16, 2005 NEW PAY DUE AS OF FEB 01, 2006 SSN 123 – 45 – 6789 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES Major John Q. Doe, USAF (Ret.) 123 Green St Apex, NC 27511-1234 DFAS-CL POINTS OF CONTACT DEFENSE FINANCE AND ACCONTING SERVICE US MILITARY RETIREMENT PAY PO BOX 7130 LONDON KY 40742-7130 COMMERCIAL (216) 522-5955 TOLL FREE 1-800-321-1080 TOLL FREE FAX 1-800-469-6559 myPAY https://myPay.dfas.mil 1-877-363-3677 PAY ITEM DESCRIPTION ITEM OLD NEW ITEM OLD NEW GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME 2,746.00 591.30 179.28 1,975.42 2,746.00 473.04 179.28 2,093.68 FITW ALLOTMENTS/BONDS NET PAY 191.31 40.00 1,744.11 209.05 40.00 1,844.63 PAYMENT ADDRESS YEAR TO DATE SUMMARY (FOR INFORMATION ONLY) DIRECT DEPOSIT TAXABLE INCOME: 1,975.42 FEDERAL INCOME TAX WITHHELD: 191.31 TAXES FEDERAL WITHHOLDING STATUS: SINGLE TOTAL EXEMPTIONS: .01 FEDERAL INCOME TAX WITHHELD: 209.05 SURVIVOR BENEFIT PLAN (SBP) COVERAGE SBP COVERAGE TYPE: SPOUSE AND CHILD(REN) ANNUITY BASE AMOUNT: 2750.50 SPOUSE COST: 176.78 55% ANNUITY AMOUNT: 1,512.77 CHILD COST: 50 40% ANNUITY AMOUNT: 1,100.20 SPOUSE DOB: 12 DEC 1945 CHILD DOB: 13 MAR 1996 THE ANNUITY PAYABLE IS 55% OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AGE 62. AT AGE 62, THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET, OR UNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN 40% ($1100.20) AND 55% (1512.77) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE SBP ANNUITY AND THE SOCIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DFAS AND THE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55% OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY IS ESTABLISHED.

Gross pay, VA waiver, SBP premium, Taxable Income

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RETIREE ACCOUNT STMT.

RETIREE ACCOUNT STATEMENT STATEMENT EFFECTIVE DATE DEC 16, 2005 NEW PAY DUE AS OF FEB 01, 2006 SSN 123 – 45 – 6789 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES Major John Q. Doe, USAF (Ret.) 123 Green St Apex, NC 27511-1234 DFAS-CL POINTS OF CONTACT DEFENSE FINANCE AND ACCONTING SERVICE US MILITARY RETIREMENT PAY PO BOX 7130 LONDON KY 40742-7130 COMMERCIAL (216) 522-5955 TOLL FREE 1-800-321-1080 TOLL FREE FAX 1-800-469-6559 myPAY https://myPay.dfas.mil 1-877-363-3677 PAY ITEM DESCRIPTION ITEM OLD NEW ITEM OLD NEW GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME 2,746.00 591.30 179.28 1,975.42 2,746.00 473.04 179.28 2,093.68 FITW ALLOTMENTS/BONDS NET PAY 191.31 40.00 1,744.11 209.05 40.00 1,844.63 PAYMENT ADDRESS YEAR TO DATE SUMMARY (FOR INFORMATION ONLY) DIRECT DEPOSIT TAXABLE INCOME: 1,975.42 FEDERAL INCOME TAX WITHHELD: 191.31 TAXES FEDERAL WITHHOLDING STATUS: SINGLE TOTAL EXEMPTIONS: .01 FEDERAL INCOME TAX WITHHELD: 209.05 SURVIVOR BENEFIT PLAN (SBP) COVERAGE SBP COVERAGE TYPE: SPOUSE AND CHILD(REN) ANNUITY BASE AMOUNT: 2750.50 SPOUSE COST: 176.78 55% ANNUITY AMOUNT: 1,512.77 CHILD COST: 50 40% ANNUITY AMOUNT: 1,100.20 SPOUSE DOB: 12 DEC 1945 CHILD DOB: 13 MAR 1996 THE ANNUITY PAYABLE IS 55% OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AGE 62. AT AGE 62, THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET, OR UNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN 40% ($1100.20) AND 55% (1512.77) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE SBP ANNUITY AND THE SOCIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DFAS AND THE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55% OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY IS ESTABLISHED.

Base amt for SBP; SBP beneficiary DOB

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  • Pg. 2 of RAS: “Based on information received from the

VA, your CRDP amount is $___.”

CRDP

FORMER SPOUSE PROTECTION ACT DEDUCTIONS PAYEE AMOUNT MISCELLANEOUS DEBTS DEBT TYPE MONTHLY DEDUCTION PRINCIPAL AMOUNT INTEREST AMOUNT ACCUMULATED INTEREST DEBT BALANCE ARREARS OF PAY BENEFICIARY INFORMATION YOU HAVE ELECTED ORDER OF PRECEDENCE.. THE FOLLOWING BENEFICIARIES ARE ON RECORD: NAME SHARE RELATIONSHIP JANE P. DOE .00 WIFE MESSAGE SECTION BASED ON INFORMATION RECEIVED FROM THE VA. YOUR CROP AMOUNT IS $283.96. *** DFAS-CL 7220/148 (Rev 03-01)

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Secure “myPay” website: https://mypay.dfas.mil

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Thrift Savings Plan

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Thrift Savings Plan

  • Defined contribution plan - - like a 401(k) plan
  • Website: www.tsp.gov
  • Downloadable booklet

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Thrift Savings Plan – where to locate contributions on the LES

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DD Form 2656

  • Data for Payment for Retired

Personnel

  • Beneficiary for unpaid ret’d pay
  • SBP beneficiary
  • State tax withholding election
  • Info on dependents

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DD Form 2656-1 Former Spouse Election Form

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DD Form 2656-10

  • “Deemed election form” for SBP
  • Must be served on DFAS
  • Must be accompanied by div. decree and

court order requiring SBP election by member/retiree

  • Deadline: 1 year from date of order

requiring the above SBP election

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DD 2656-5

Guard/Reserve Form for SBP

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Divorce and Domicile

  • Where is a SM domiciled?
  • Legal residence vs. Home of Record
  • SCRA [Servicemembers Civil Relief Act]

protections

  • DD Form 2058 – state tax residence

certificate

  • “Tax Texans”

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Custody and Military Personnel – the Family Care Plan

  • Army Example: Preliminary

Screening [DA Form 7667]

  • Counseling Chklist [DA Form

5304]

  • Fam. Care Plan [DA Form 5305]
  • Acceptance as Guardian/Escort

[DA Form 5940]

  • Power of Atty [DA Form 5841]

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School Records

Request for Educational Records (DoDEA)

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How to Get the Documents

  • Through your client
  • By cooperation with the other side
  • Through discovery
  • By court order or subpoena

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PRIVACY ACT RELEASE FORM DATA REQUIRED BY THE PRIVACY ACT OF 1974 (5 U.S.C. 552A). AUTHORITY:

Title 5 U.S.C. 552, Title 5 U.S.C. 552a, Title 5 U.S.C. 551, DoD 5400-7-R, and DoD 5200.1-R. PURPOSE: To obtain and maintain information upon which to base a reply or inquiry. ROUTINE USES: Data may be provided under any of the DoD “Blanket Routine Uses” published at http://privacy.defense.gov/notices/. Disclosure: Voluntary; however, if you fail to provide all the requested information DFAS may not be able to fulfill your request in a timely manner.

I authorize the federal government, and any agency or department thereof, to release the following documents to [ATTY NAME, ADDRESS]: List documents here: ____________________________________________ _____________________________________________________________ Date____________________ Signature ____________________________________ SSN _____________ Printed Name_________________________________ Address _______________________________________________________ City _______________________________ State___ Zip Code __________ Home Telephone _______________ Work Telephone ___________________ Date of Birth __________________/________/19___

PRIVACY ACT RELEASE

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SM’s payroll info - get from military finance center with judge-signed subpoena or a court

  • rder

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Air Force DFAS Denver Center 6760 E. Irvington Place Denver, CO 80279-8000 Army DFAS Indianapolis Center 8899 East 56th Street Indianapolis, IN 46249-0160 Marine Corps DFAS Kansas City Center 1500 East 95th Street Kansas City, MO 64197-0001 Navy DFAS Cleveland Center Records Retrieval 1240 E. 9th St. Cleveland, OH 44199-2055 Coast Guard Commanding Officer Coast Guard Human Resource Service and Information Center 444 S.E. Quincy Topeka, KS 66683-3591

Finance Centers

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Personnel records

  • Guard/Reserve SBP records – not at DFAS

until “pay status” [usually age 60]

  • Other personnel records

Obtaining the records:

  • RTR = “read the regulation!”
  • Example: AR 27-40, Litigation

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Business Records Declaration [affidavit of records custodian]

DEPARTMENT OF VETERANS AFFAIRS Regional Office 123 Green Street Blacksboro, North Carolina Phone: 919-832-6677 BUSINESS RECORDS DECLARATION Pursuant to 28 U.S.C. § 1746 This is a certification of authenticity of domestic business records pursuant to Federal Rules of Evidence 902 (11). I, Larry G. West, attest under the penalties of perjury (or criminal punishment for false statement or false attestation) that: 1)I am employed by the United States Department of Veterans Affairs (DVA). 2)My official title is Paralegal. 3)I am a custodian of records for the DVA. 4)Each of the records attached hereto is the original record or a true and accurate duplicate of the original record in the custody of the DVA, and I am a custodian of the attached records. 5)The records attached to this certificate were made at or near the time of the occurrence of the matters set forth. 6)The records attached were made by (or from information transmitted by) a person with knowledge of those matters. 7)Such records were kept in the course of a regularly conducted business activity of the DVA. 8)Such records were made by the DVA as a regular business practice. The enclosed records are:
  • Letter to Jacob Harris Stein, XXX-XX-5566, dated April 12, 2010, titled “Your Original VA Disability
Rating and Reasons for the Rating” and
  • Letter to Jacob Harris Stein, XXX-XX-5566, dated June 15, 2012, titled “Your Revised VA Disability Rating
and Reasons for the Rating.” Dated: July 13, 2012 Larry G. West Larry G. West, Paralegal Subscribed and sworn to before me this ____ day of ______________, 2012. ________________________________ Notary signature My commission expires: ________________________
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Whooo ya’ gonna call?

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General resources for the practitioner:

  • NC State Bar: www.nclamp.gov
  • ABA Family Law Section: www.abanet.org/family/military
  • DFAS: www.dfas.mil
  • ARMY RETIREMENT SERVICES:

www.armyg1.army.mil/rso/rso.asp

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General resources for the practitioner:

  • Basic Benefits Website:

http://myarmybenefits.us.army.mil (health care, calculators, state + fed. – all branches plus vets)

  • VA Benefits: www.ebenefits.va.gov (incl.
  • n-line briefing for TAP – Transition

Assistance Program)

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“Who ya’ gonna call?”

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THE END

Military Financial documents

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