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 Mountain | 10am Pacific Today’s faculty features: Mark E. Sullivan, Principal, Sullivan & Tanner , Raleigh, N.C. Dawn M. Laubach, Attorney, Laubach Law Office , San Antonio The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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Strafford Webinars & Teleconferences 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 5
LEARNING ABOUT DOCUMENTS YOU’LL NEED IN A MILITARY DIVORCE CASE … and how to tame that paper tiger! 6
What to ask for, how to get it, how to put it into evidence… (without getting in “over your head ”!!) 7
Setting Your Sights on Military Support Reading and Understanding the LES 8
Leave-and-Earning Statement 9
Secure “ myPay ” website: http s ://mypay.dfas.mil 10
A Short Course in… How to Read an LES [Leave-and-Earnings Statement] 11
Leave-and-Earning Statement Rank and Date of Pay 12
Leave-and-Earning Statement Yrs. of Svc. & Dischg. Date 13
Leave-and-Earning Statement Base Pay + BAS + BAH = Total Entitlements 14
Leave-and-Earning Statement What’s this for… a car? Discretionary Allotments 15
Leave-and-Earning Statement Used and unused LEAVE 16
Leave-and-Earning Statement West Virginia State of Residence for Tax Purposes 17
Leave-and-Earning Statement Number of Exemptions 18
Leave-and-Earning Statement Total Income Taxable Wages = $6,091.86 = $4,566.60 Difference = $1,525.26 = BAS, BAH 19
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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
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 22
Retirement calculator • Search engine: RESERVE RETIREMENT CALCULATOR 23
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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 25
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 26
CRSC Pay Statement STATEMENT EFFECTIVE DATE PAYMENT DATE SSN APR 21, 2006 MAY 01, 2006 123-45-6789 RETIREE’S NAME AND ADDRESS HOW TO CONTACT US PLEASE REMEMBER TO NOTIFY DFAS OF YOUR ADDRESS DEFENSE FINANCE AND ACCOUNTING SERVICE CHANGES US MILITARY RETIRED PAY MAJOR JOHN Q. DOE, USAF (RET.) PO BOX 7130 123 GREEN STREET LONDON, KY 40742-7130 APEX, NC 27511-1234 COMMERCIAL (216) 522-6398 PAYMENT ADDRESS TOLL-FREE 1-800-472-7098 DIRECT DEPOSIT TOLL-FREE FAX 1-800-469-6559 myPay https://myPay.dfas.mil 1-877-363-3677 PAYMENT INFORMATION ENTITLEMENT INFORMATION CRSC Payment 377.00 Retired Pay Before Deductions 2,746.00 CRSC Debt Deduction 0 Retired Pay Offset by DVA Compensation 757.00 CRSC Garnishment Deduction 0 CRSC Debt Balance 0 CRSC Net Pay 377.00 Branch of Military Service AIR FORCE Garnishment Being Withheld NO THE DVA OR YOUR BRANCH OF SERVICE PROVIDED THE FOLLOWING CRSC statement: at secure “ myPay ” website for retirees. CRSC SPECIAL MONTHLY COMPENSATION CODE 00 UNEMPLOYABLE NO DVA DISABILITY % 50 COMBAT RELATED DISABILITY % 30 27 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.
DD Form 214 • Report of Separation • “discharge papers” 28
DD 214 29
DD 214 http://vetrecs.archives.gov 30 National Personnel Records Center
Application for retirement 31
Retirement orders 32
RETIREE ACCOUNT STATEMENT STATEMENT EFFECTIVE DATE NEW PAY DUE AS OF SSN 123 – 45 – 6789 DEC 16, 2005 FEB 01, 2006 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DFAS-CL POINTS OF CONTACT Major John Q. Doe, USAF (Ret.) DEFENSE FINANCE AND ACCONTING SERVICE Gross pay, US MILITARY RETIREMENT PAY 123 Green St PO BOX 7130 Apex, NC 27511-1234 LONDON KY 40742-7130 VA waiver, COMMERCIAL (216) 522-5955 TOLL FREE 1-800-321-1080 TOLL FREE FAX 1-800-469-6559 myPAY SBP premium, https://myPay.dfas.mil 1-877-363-3677 Taxable PAY ITEM DESCRIPTION ITEM OLD NEW ITEM OLD NEW Income GROSS PAY 2,746.00 2,746.00 FITW 191.31 209.05 VA WAIVER 591.30 473.04 ALLOTMENTS/BONDS 40.00 40.00 SBP COSTS 179.28 179.28 NET PAY 1,744.11 1,844.63 TAXABLE INCOME 1,975.42 2,093.68 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 RETIREE 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 ACCOUNT 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 STMT. 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 33 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.
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