Military Divorce: Identifying, Discovering, Obtaining, and Introducing Military Financial and Other Documents 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. 1. THURSDAY, JANUARY 23, 2020 Presenting a live 90-minute webinar with interactive Q&A Kristopher J. Hilscher, Attorney, Law Offices of Mark E. Sullivan, Raleigh, N.C. Dawn M. Laubach, Founder, Laubach Law Office, San Antonio
Transcript
Military Divorce: Identifying, Discovering, Obtaining, and Introducing Military Financial and Other Documents
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. 1.
THURSDAY, JANUARY 23, 2020
Presenting a live 90-minute webinar with interactive Q&A
Kristopher J. Hilscher, Attorney, Law Offices of Mark E. Sullivan, Raleigh, N.C.
Dawn M. Laubach, Founder, Laubach Law Office, San Antonio
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FOR LIVE EVENT ONLY
MILITARY DIVORCE: Identifying, Obtaining and Introducing Military Financial (and Other) Documents
LEARNING ABOUT DOCUMENTS YOU’LL NEED IN A MILITARY DIVORCE CASE
… and how to tame that paper
tiger!
6
(without getting in “over your head”!!)
7
Overview
• Income Documents for Support•Military Retirement Division as Property
•TSP•SBP•Miscellaneous
8
Setting Your SightS
on Support
9
• LES
• RAS
• Disability Pay
• Other Documents to Consider
Reading and Understanding Them
10
Leave-and-Earning Statement
11
https://mypay.dfas.mil
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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
20
Leave-and-Earning Statement
Total Income
= $6,091.86
Difference= $1,525.26 = BAS, BAH
Taxable Wages
= $4,566.60
21
RETIREE ACCOUNT STATEMENT
STATEMENT EFFECTIVE DATEDEC 16, 2005
NEW PAY DUE AS OFFEB 01, 2006
SSN123 – 45 – 6789
PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES
Major John Q. Doe, USAF (Ret.)123 Green StApex, NC 27511-1234
DFAS-CL POINTS OF CONTACT
DEFENSE FINANCE AND ACCONTING SERVICEUS MILITARY RETIREMENT PAYPO BOX 7130 LONDON KY 40742-7130COMMERCIAL (216) 522-5955TOLL FREE 1-800-321-1080TOLL FREE FAX 1-800-469-6559myPAYhttps://myPay.dfas.mil1-877-363-3677
PAY ITEM DESCRIPTION
ITEM OLD NEW ITEM OLD NEW
GROSS PAYVA WAIVERSBP COSTSTAXABLE INCOME
2,746.00591.30179.28
1,975.42
2,746.00473.04179.28
2,093.68
FITWALLOTMENTS/BONDSNET PAY
191.3140.00
1,744.11
209.0540.00
1,844.63
PAYMENT ADDRESSYEAR TO DATE SUMMARY (FOR INFORMATION ONLY)
DIRECT DEPOSIT TAXABLE INCOME: 1,975.42 FEDERAL INCOME TAX WITHHELD: 191.31
TAXES
FEDERAL WITHHOLDING STATUS: SINGLETOTAL EXEMPTIONS: .01FEDERAL INCOME TAX WITHHELD: 209.05
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, ORUNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN40% ($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 ANDTHE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55% OF YOUR BASE AMOUNT. THE ACTUALANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY IS ESTABLISHED.
The RASRetiree Account Statement
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Many states allow use of disability pay for calculation of child support
• VA Disability
• CRSC
• Social Security Disability
• CRDP – no separate document (It’s on RAS)
23
• Department of Veterans Affairs = VA• Rating letters tell what % rating is
assigned to “service-connected disabilities” of the retiree
• Less than 50% = VA waiver• Look on RAS
24
CRSC Pay Statement
STATEMENT EFFECTIVE DATEAPR 21, 2006
PAYMENT DATEMAY 01, 2006
SSN123-45-6789
RETIREE’S NAME AND ADDRESS HOW TO CONTACT US
PLEASE REMEMBER TO NOTIFY DFAS OF YOUR ADDRESS CHANGESMAJOR JOHN Q. DOE, USAF (RET.)123 GREEN STREETAPEX, NC 27511-1234PAYMENT ADDRESSDIRECT DEPOSIT
DEFENSE FINANCE AND ACCOUNTING SERVICEUS MILITARY RETIRED PAYPO BOX 7130LONDON, KY 40742-7130COMMERCIAL (216) 522-6398TOLL-FREE 1-800-472-7098TOLL-FREE FAX 1-800-469-6559myPayhttps://myPay.dfas.mil 1-877-363-3677
Retired Pay Before Deductions 2,746.00Retired Pay Offset by DVA Compensation 757.00CRSC Debt Balance 0Branch of Military Service AIR FORCEGarnishment Being Withheld NO
THE DVA OR YOUR BRANCH OF SERVICE PROVIDED THE FOLLOWING
CRSC SPECIAL MONTHLY COMPENSATION CODE 00UNEMPLOYABLE NODVA DISABILITY % 50COMBAT RELATED DISABILITY % 30PURPLE HEART % 00CRSC START DATE JAN 01, 2004SPECIAL 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.
25
We are covering documents you need
We are NOT covering how to do it or what the law is . . .
But . . . Know the Law!
• NDAA 2017• DFAS Regulation• Howell v. Howell
26
See also SILENT PARTNER info-letter, “Guidance for Lawyers: Military Pension Division,” for language acceptable to the retired pay center to use
http://vetrecs.archives.govNational Personnel Records Center 39
40
41
RETIREE ACCOUNT STATEMENT
STATEMENT EFFECTIVE DATEDEC 16, 2005
NEW PAY DUE AS OFFEB 01, 2006
SSN123 – 45 – 6789
PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES
Major John Q. Doe, USAF (Ret.)123 Green StApex, NC 27511-1234
DFAS-CL POINTS OF CONTACT
DEFENSE FINANCE AND ACCONTING SERVICEUS MILITARY RETIREMENT PAYPO BOX 7130 LONDON KY 40742-7130COMMERCIAL (216) 522-5955TOLL FREE 1-800-321-1080TOLL FREE FAX 1-800-469-6559myPAYhttps://myPay.dfas.mil1-877-363-3677
PAY ITEM DESCRIPTION
ITEM OLD NEW ITEM OLD NEW
GROSS PAYVA WAIVERSBP COSTSTAXABLE INCOME
2,746.00591.30179.28
1,975.42
2,746.00473.04179.28
2,093.68
FITWALLOTMENTS/BONDSNET PAY
191.3140.00
1,744.11
209.0540.00
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: SINGLETOTAL EXEMPTIONS: .01FEDERAL INCOME TAX WITHHELD: 209.05
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, ORUNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN40% ($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 ANDTHE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55% OF YOUR BASE AMOUNT. THE ACTUALANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY IS ESTABLISHED.
Gross pay, VA waiver, SBP premium, Taxable Income
42
RETIREE ACCOUNT STATEMENT
STATEMENT EFFECTIVE DATEDEC 16, 2005
NEW PAY DUE AS OFFEB 01, 2006
SSN123 – 45 – 6789
PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES
Major John Q. Doe, USAF (Ret.)123 Green StApex, NC 27511-1234
DFAS-CL POINTS OF CONTACT
DEFENSE FINANCE AND ACCONTING SERVICEUS MILITARY RETIREMENT PAYPO BOX 7130 LONDON KY 40742-7130COMMERCIAL (216) 522-5955TOLL FREE 1-800-321-1080TOLL FREE FAX 1-800-469-6559myPAYhttps://myPay.dfas.mil1-877-363-3677
PAY ITEM DESCRIPTION
ITEM OLD NEW ITEM OLD NEW
GROSS PAYVA WAIVERSBP COSTSTAXABLE INCOME
2,746.00591.30179.28
1,975.42
2,746.00473.04179.28
2,093.68
FITWALLOTMENTS/BONDSNET PAY
191.3140.00
1,744.11
209.0540.00
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: SINGLETOTAL EXEMPTIONS: .01FEDERAL INCOME TAX WITHHELD: 209.05
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, ORUNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN40% ($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 ANDTHE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 55% OF YOUR BASE AMOUNT. THE ACTUALANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY IS ESTABLISHED.
Base amt for SBP; SBP beneficiary DOB
43
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)
44
https://mypay.dfas.mil
45
46
Thrift Savings Plan
• Defined contribution plan - - like a 401(k) plan
• Website: www.tsp.gov
• Downloadable booklet
47
48
49
50
DD Form 2656•Data for Payment for Retired Personnel
•Beneficiary for unpaid ret’d pay•SBP beneficiary•State tax withholding election• Info on dependents
51
DD Form 2656-1 Former Spouse Election Form
52
• “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
53
Guard/Reserve Form for SBP
54
Miscellaneous Documents and Information
Related to Family Law Cases
55
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”
56
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] 57
Request for Educational Records (DoDEA) 58
Military or VA Medical Records
Military Medical Records
•Local Military Hospital Custodian of Records
VA Records
• VA Regional Offices• eBenefits:
https://www.ebenefits.va.gov 59
How to Get the Documents• Through your client
• By cooperation with the other side
• Through discovery
• FOIA Request
• By court order or subpoena 60
PRIVACY ACT RELEASE FORMDATA 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: ____________________________________________ _____________________________________________________________
Address _______________________________________________________City _______________________________ State___ Zip Code __________Home Telephone _______________ Work Telephone ___________________Date of Birth __________________/________/19___
61
SM/Retiree’s payroll info - get from military finance center (DFAS)
with judge-signed subpoena* or a court
order
62
TSP:
Request info directly from
OPM
63
64
Air ForceDFAS Denver Center
6760 E. Irvington PlaceDenver, CO 80279-8000
ArmyDFAS Indianapolis Center
8899 East 56th StreetIndianapolis, IN 46249-0160
Marine CorpsDFAS Kansas City Center
1500 East 95th StreetKansas City, MO 64197-0001
Navy DFAS Cleveland Center
Records Retrieval1240 E. 9th St.
Cleveland, OH 44199-2055
Coast GuardCommanding Officer
Coast Guard Human ResourceService and Information Center
444 S.E. QuincyTopeka, KS 66683-3591
Finance Centers
65
• 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
66
Business Records
Declaration
[affidavit of records
custodian]
DEPARTMENT OF VETERANS AFFAIRSRegional Office
123 Green StreetBlacksboro, North Carolina
Phone: 919-832-6677
BUSINESS RECORDS DECLARATIONPursuant 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. WestLarry G. West, Paralegal
Subscribed and sworn to before me this ____ day of ______________, 2012.
________________________________Notary signature My commission expires: ________________________
67
68
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
69
70
https://www.militarylawsection.com
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)71
Law Offices of Mark E. Sullivan www.ncfamilylaw.com
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