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

Transcription

1 Presenting a live 90-minute webinar with interactive Q&A Military Divorce: Identifying, Obtaining and Introducing Military Financial and Other Documents as Evidence WEDNESDAY, MAY 14, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Dawn M. Laubach, Attorney, Laubach Law Office, San Antonio Mark E. Sullivan, Principal, Sullivan & Tanner, Raleigh, N.C. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

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5 Strafford Webinars & Teleconferences MILITARY DIVORCE: Identifying, Obtaining and Introducing Military Financial (and Other) Documents Mark E. Sullivan, Raleigh, NC Dawn M. Laubach, San Antonio, TX 5

6 LEARNING ABOUT DOCUMENTS YOU LL NEED IN A MILITARY DIVORCE CASE and how to tame that paper tiger! 6

7 What to ask for, how to get it, how to put it into evidence (without getting in over your head!!) 7

8 Setting Your Sights on Military Support Reading and Understanding the LES 8

9 Leave-and-Earning Statement 9

10 Secure mypay website: 10

11 A Short Course in How to Read an LES [Leave-and-Earnings Statement] 11

12 Leave-and-Earning Statement Rank and Date of Pay 12

13 Leave-and-Earning Statement Yrs. of Svc. & Dischg. Date 13

14 Leave-and-Earning Statement Base Pay + BAS + BAH = Total Entitlements 14

15 Leave-and-Earning Statement What s this for a car? Discretionary Allotments 15

16 Leave-and-Earning Statement Used and unused LEAVE 16

17 Leave-and-Earning Statement West Virginia State of Residence for Tax Purposes 17

18 Leave-and-Earning Statement Number of Exemptions 18

19 Leave-and-Earning Statement Total Income = $6, Taxable Wages = $4, Difference = $1, = BAS, BAH 19

20 20

21 Marital Fraction (When the SM is still serving 8 years of marital pension svc, unknown total years of svc.) Yrs. Marital Military Svc. Yrs. Total Military Svc. = 8 X Also see: "Guidance on Dividing Military Retired Pay" at for other methods of dividing military retirement 21

22 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

23 Retirement calculator Search engine: RESERVE RETIREMENT CALCULATOR 23

24 24

25 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

26 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

27 CRSC Pay Statement STATEMENT EFFECTIVE DATE APR 21, 2006 PAYMENT DATE MAY 01, 2006 SSN 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 PAYMENT ADDRESS DIRECT DEPOSIT DEFENSE FINANCE AND ACCOUNTING SERVICE US MILITARY RETIRED PAY PO BOX 7130 LONDON, KY COMMERCIAL (216) TOLL-FREE TOLL-FREE FAX mypay PAYMENT INFORMATION CRSC Payment CRSC Debt Deduction 0 CRSC Garnishment Deduction 0 CRSC Net Pay ENTITLEMENT INFORMATION Retired Pay Before Deductions 2, Retired Pay Offset by DVA Compensation 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 statement: at secure mypay website for retirees. 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 27 REMARKS This is your monthly CRSC statement. Please refer to mypay frequently asked questions for additional

28 DD Form 214 Report of Separation discharge papers 28

29 DD

30 DD National Personnel Records Center 30

31 Application for retirement 31

32 Retirement orders 32

33 RETIREE ACCOUNT STATEMENT STATEMENT EFFECTIVE DATE DEC 16, 2005 NEW PAY DUE AS OF FEB 01, 2006 SSN Gross pay, VA waiver, SBP premium, Taxable Income PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES PAY ITEM DESCRIPTION Major John Q. Doe, USAF (Ret.) 123 Green St Apex, NC DFAS-CL POINTS OF CONTACT DEFENSE FINANCE AND ACCONTING SERVICE US MILITARY RETIREMENT PAY PO BOX 7130 LONDON KY COMMERCIAL (216) TOLL FREE TOLL FREE FAX mypay ITEM OLD NEW ITEM OLD NEW GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME 2, , , , FITW ALLOTMENTS/BONDS NET PAY , , PAYMENT ADDRESS YEAR TO DATE SUMMARY (FOR INFORMATION ONLY) DIRECT DEPOSIT TAXABLE INCOME: 1, FEDERAL INCOME TAX WITHHELD: TAXES RETIREE ACCOUNT STMT. FEDERAL WITHHOLDING STATUS: SINGLE TOTAL EXEMPTIONS:.01 FEDERAL INCOME TAX WITHHELD: SURVIVOR BENEFIT PLAN (SBP) COVERAGE SBP COVERAGE TYPE: SPOUSE AND CHILD(REN) ANNUITY BASE AMOUNT: SPOUSE COST: % ANNUITY AMOUNT: 1, CHILD COST: 50 40% ANNUITY AMOUNT: 1, 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% ($ ) AND 55% ( ) 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. 33

34 RETIREE ACCOUNT STATEMENT STATEMENT EFFECTIVE DATE DEC 16, 2005 NEW PAY DUE AS OF FEB 01, 2006 SSN Base amt for SBP; SBP beneficiary DOB PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES PAY ITEM DESCRIPTION Major John Q. Doe, USAF (Ret.) 123 Green St Apex, NC DFAS-CL POINTS OF CONTACT DEFENSE FINANCE AND ACCONTING SERVICE US MILITARY RETIREMENT PAY PO BOX 7130 LONDON KY COMMERCIAL (216) TOLL FREE TOLL FREE FAX mypay ITEM OLD NEW ITEM OLD NEW GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME 2, , , , FITW ALLOTMENTS/BONDS NET PAY , , PAYMENT ADDRESS YEAR TO DATE SUMMARY (FOR INFORMATION ONLY) DIRECT DEPOSIT TAXABLE INCOME: 1, FEDERAL INCOME TAX WITHHELD: TAXES RETIREE ACCOUNT STMT. FEDERAL WITHHOLDING STATUS: SINGLE TOTAL EXEMPTIONS:.01 FEDERAL INCOME TAX WITHHELD: SURVIVOR BENEFIT PLAN (SBP) COVERAGE SBP COVERAGE TYPE: SPOUSE AND CHILD(REN) ANNUITY BASE AMOUNT: SPOUSE COST: % ANNUITY AMOUNT: 1, CHILD COST: 50 40% ANNUITY AMOUNT: 1, 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% ($ ) AND 55% ( ) 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. 34

35 Pg. 2 of RAS: Based on information received from the VA, your CRDP amount is $. 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 $ *** CRDP 35 DFAS-CL 7220/148 (Rev 03-01)

36 Secure mypay website: 36

37 Thrift Savings Plan 37

38 Thrift Savings Plan Defined contribution plan - - like a 401(k) plan Website: Downloadable booklet 38

39 Thrift Savings Plan where to locate contributions on the LES 39

40 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

41 DD Form Former Spouse Election Form 41

42 DD Form 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

43 DD Guard/Reserve Form for SBP 43

44 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

45 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

46 School Records Request for Educational Records (DoDEA) 46

47 How to Get the Documents Through your client By cooperation with the other side Through discovery By court order or subpoena 47

48 PRIVACY ACT RELEASE 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 R, and DoD 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 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 48

49 SM s payroll info - get from military finance center with judge-signed subpoena or a court order 49

50 Finance Centers Army DFAS Indianapolis Center 8899 East 56th Street Indianapolis, IN Air Force DFAS Denver Center 6760 E. Irvington Place Denver, CO Marine Corps DFAS Kansas City Center 1500 East 95th Street Kansas City, MO Navy DFAS Cleveland Center Records Retrieval 1240 E. 9th St. Cleveland, OH Coast Guard Commanding Officer Coast Guard Human Resource Service and Information Center 444 S.E. Quincy Topeka, KS

51 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

52 Business Records Declaration [affidavit of records custodian] BUSINESS RECORDS DECLARATION Pursuant to 28 U.S.C DEPARTMENT OF VETERANS AFFAIRS Regional Office 123 Green Street Blacksboro, North Carolina Phone: 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, Notary signature My commission expires:

53 Whooo ya gonna call? 53

54 General resources for the practitioner: NC State Bar: ABA Family Law Section: DFAS: ARMY RETIREMENT SERVICES: 54

55 General resources for the practitioner: Basic Benefits Website: (health care, calculators, state + fed. all branches plus vets) VA Benefits: (incl. on-line briefing for TAP Transition Assistance Program) 55

56 Who ya gonna call? 56

57 THE END Military Financial documents 57