Military Divorce: Support Obligations and Healthcare Coverage - - PowerPoint PPT Presentation

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Military Divorce: Support Obligations and Healthcare Coverage - - PowerPoint PPT Presentation

Mar 23, 2024 37 likes •467 views

Presenting a live 90-minute webinar with interactive Q&A Military Divorce: Support Obligations and Healthcare Coverage Navigating Unique Rules for Alimony, Child Support, Health Insurance Coverage and Enforcement Methods WEDNESDAY, DECEMBER

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Military Divorce: Support Obligations and Healthcare Coverage

Navigating Unique Rules for Alimony, Child Support, Health Insurance Coverage and Enforcement Methods

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific

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.

WEDNESDAY, DECEMBER 19, 2012

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

Mark E. Sullivan, Principal, Law Offices of Mark E. Sullivan, Raleigh, N.C.

  • Wm. John Camp, Partner, Westmoreland Patterson Moseley & Hinson, Macon, Ga.
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Mark E. Sullivan, Raleigh, NC mark.sullivan@ncfamilylaw.com

  • Wm. John Camp, Warner Robins, GA

http://www.wpmlegal.com

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“Legal Assistance Office” or Ofc of the Staff Judge Advocate

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Tar arget et Pr Pract actice ice!

Setting Your Sights on the SCRA…

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  • Will garnishment

continue?

  • What about rent

(eviction?) or mortgage payments (foreclosure?)

  • Let’s see how this

works…

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HELP! What happened to my child support?

Dad was mobilized Garnishment stopped! Left his job Foreclosure, eviction? [Use §531!]

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Deployment Child Support Issues

  • Problems, questions…
  • Restarting the

garnishment

  • Same amount?
  • Where send the

notice & motion?

  • Locating, AND
  • Serving the other side!

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Deployment Child Support Issues

  • Problems, questions…

for the SM:

  • Should I move for a STAY?
  • I want to request child

support reduction – How can I participate?

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Military Support Regulations:

  • USAF: no amount specified;

“a civil matter”

  • All other services establish an amount
  • Materials show the rules for Army,

Navy, Marines and Coast Guard

  • Use this when immediate response is

needed, no time for court order

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  • Military base pay by rank and

TIS (Time in Service (every 2 years)

  • DFAS website: www.dfas.mil,

Go to “Military Members”

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Allowances: Amt increases with rank

  • BAH:

Basic Allowance for Housing

  • BAS:

Basic Allowance for Subsistence

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  • These two allowances are non-taxable
  • All compensation in a combat zone is non-taxable

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  • Special Skills Pay:
  • flight pay
  • hazardous duty
  • sea, submarine duty
  • etc.
  • Bonuses

(lump sum, usually for re-enlisting)

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

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Leave-and-Earning Statement

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Base Pay + BAS + BAH = Total Entitlements

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Leave-and-Earning Statement

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Discretionary Allotments What’s this for… a car?

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Leave-and-Earning Statement

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Used and unused LEAVE

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Leave-and-Earning Statement

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West Virginia State of Residence for Tax Purposes

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Leave-and-Earning Statement

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Number of Exemptions

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Leave-and-Earning Statement

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

Taxable Wages = $4,566.60

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Leave-and-Earning Statement

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Obtain service member’s payroll information from the appropriate military finance center with judge-signed subpoena

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Consider the effect of part [or all]

  • f a SM’s compensation being

non-taxable. State guidelines presume that all pay is subject to state and federal taxes. “Gross up” the non-taxed pay to effect an increase in child support

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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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Enrollment into DEERS

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Documents needed to enroll

  • Birth Certificate,
  • Paternity determination
  • Support order

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Health insurance coverage: TRICARE (www.tricare.mil)

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Use of military clinics and hospitals (no cost)

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  • TRICARE Plans
  • Prime & Prime Remote
  • Standard
  • Select & Extra
  • TRICARE for Life (after age 65)
  • TRICARE for Young Adults (TYA) (26)
  • TRICARE Website: http://www.tricare.mil/
  • Military Times Almanac Article in Materials

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  • 20/20/20 Unremarried Former Spouse
  • 20 yr Marriage + 20 yr Mil Svs + 20 yr overlap
  • 20/20/15 Unremarried Former Spouse
  • 20 yr Marriage + 20 yr Mil Svs + 15 yr overlap
  • Resources
  • Ch 3, AFI 36-3026_IP, June 2009
  • Common Questions and Answers on FS
  • Former Spouse Determination Program

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  • NOT TRICARE BUT SAME COVERAGE AS

TRICARE STANDARD

  • $150 annual deductible; 75/25 copay; $3000

cap; TRICARE Pharmacy Benefits

  • LIKE A CONVERSION OR COBRA POLICY
  • QUARTERLY PREMIUM 2012 = $1065/QTR

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  • COVERED BY TRICARE DAY BEFORE THE

DIVORCE?

  • EVERYONE ELIGIBLE FOR 36 MONTHS

COVERAGE

  • 20/20/15 FORMER SPOUSE GET 36 MONTHS

CHCBP AFTER THEIR 12 MONTHS OF TRICARE

  • MUST ENROLL IN CHCBP W/IN 60 DAYS OF

DIVORCE

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  • NOT ELIGIBLE FOR TRICARE
  • CANNOT REMARRY BEFORE 55
  • RECEIVE AN ANNUITY BY COURT ORDER

OR AGREEMENT

  • MUST RECEIVE PORTION OF MILITARY

RETIRED PAY; OR,

  • ENTITLED TO FORMER SPOUSE SBP
  • CAUTION: 32 CFR §199.20 (10/17/2011)

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  • CHCBP Website: http://www.humana-

military.com/south/bene/TRICAREPrograms/ chcbp.asp

  • CHCBP Fact Sheet (Resource Materials)
  • Camp’s TRICARE & CHCBP Article in ABA

Family Law Quarterly, Vol 43, No 2 (Summer 2009) pp 227-300.

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Pay can be withheld through:

  • Garnishment Orders
  • State Wage Withholding Orders

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Send DOD garnishment orders to:

DFAS Cleveland

DFAS Cleveland Center ATTN: DFAS-CL/L P.O. Box 998002 Cleveland, OH 44199-8002

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Help is never far away…

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