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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 [email protected]
Dawn M. Laubach, San Antonio, TX [email protected]
Strafford Webinars & Teleconferences
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: https://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
Discretionary Allotments
What’s
this for…
a car?
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
= $6,091.86
Difference
= $1,525.26
= BAS, BAH
Taxable Wages
= $4,566.60
19
20
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
24
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
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.
27
DD Form 214
• Report of Separation
• “discharge papers”
28
DD 214
http://vetrecs.archives.gov National Personnel Records Center 30
Application for retirement
31
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
33
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
34
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)
35
Secure “myPay” website: https://mypay.dfas.mil
36
Thrift Savings Plan
• Defined contribution plan - - like a 401(k) plan
• Website: www.tsp.gov
• Downloadable booklet
38
Thrift Savings Plan – where to locate contributions on the LES
39
DD Form 2656
•Data for Payment for Retired Personnel
•Beneficiary for unpaid ret’d pay
•SBP beneficiary
•State tax withholding election
• Info on dependents 40
DD Form 2656-1 Former Spouse Election Form
41
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
42
DD 2656-5
Guard/Reserve Form for SBP
43
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”
44
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] 45
School Records Request for Educational Records
(DoDEA) 46
How to Get the Documents
• Through your client
• By cooperation with the other side
• Through discovery
• By court order or subpoena 47
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
48
SM’s payroll info - get from military finance center with judge-signed subpoena or a court order
49
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
50
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 51
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: ________________________
Whooo ya’ gonna call?
53
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
54
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.
on-line briefing for TAP – Transition
Assistance Program) 55
THE END Military Financial documents
57
