Military Issues
in
Child Support Enforcement
CSDA Annual Conference
October 2008
Presenters
Terry Symens-Bucher
Supervising Attorney,
Alameda County DCSS
terry.symens-bucher@acgov.org
925-468-9145
Mike Kelleher
Attorney III
San Diego County DCSS
michael.kelleher@sdcounty.ca.gov
619-578-6485
Resources
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“A Caseworker’s Guide to Child Support Enforcement and Military Personnel” at
http://www.acf.hhs.gov/programs/cse/pubs/archive.html#handbook
And
“Working with the Military as an Employer – A Quick Guide” at
http://www.acf.hhs.gov/programs/cse/newhire/employer/publication/military_quick_gui
de.htm
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All Photos courtesy of Army Times, Navy Times and SGT Grit and are in the public
domain.
EXTRA CREDIT: UIFSA issue in Military uniform
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Dad is in military.
Mom and Dad divorce in Virginia and Dad is ordered
to pay child support for their two children.
Dad is transferred to Washington.
Mom moves to your county and opens a case
requesting modification of the Virginia order.
You discover Dad has been sent to Iraq with his
military unit.
What do you do regarding the modification?
Which Latin term is associated with
the military?
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Carpe diem
Nunc pro tunc
Esprit de corps
E pluribus unum
Oooo-Rah!
Outline
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Locate
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Establishment
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How do I have them served?
Can I take a default?
How much do they make?
Modification
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How do I find them?
SB 1082
Enforcement
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How do I collect?
Military Structure and
Definitions
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Branch
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Rank/Grade
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Army, Navy, Marine Corps, Air Force, Coast Guard
General, Captain, Airman, etc.
O = officers, E= enlisted or noncommissioned
officers (sergeants, CPO’s) W= Warrants
MOS/Job
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“Military Occupational Specialty”
Military Structure and
Definitions
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Mom says he’s a Soldier
Her Dad says he’s an 11 Bravo
Her Mom says he’s a Specialist
Her sister says he’s an E-4
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What is he ????
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Locate
You
looking
for
ME?
Locate
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Locate used to be easier; since 2003, the
military has greatly tightened the access of
child support agencies to world-wide locator
information.
www.dmdc.osd.mil can tell if a person is
currently on active duty.
Army and Navy
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Army Worldwide
Locator:
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8899 East 56th Street
Fort Benjamin Harrison,
IN 46249-5301
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1-866-771-6357
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Navy:
Navy Personnel
Command (PERS 312)
5720 Integrity Drive
Millington, TN 380553120
901-874-3388
901-874-2000 (fax)
Marines and Air Force
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1-703-784-3941
Commandant of the
Marine Corps
Headquarters, USMC
Code MMSB-17
2008 Elliot Road, Room
203
Quantico, VA 22134
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1-210-652-5775
HQ/AFPCDPDXIDL
550 C Street, West,
Suite 50
Randolph AFB, TX
78150-4752
Beginning Correspondence
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If they joined locally and recently, check
with the recruiter.
If you know the general location and
branch of the person, you can contact
the base Judge Advocate General (JAG)
for assistance. Call the main base
operator and ask for the Judge
Advocate. They are directed to assist
IV-D agencies in locating
servicemembers in their areas.
Service of Process
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Best way is to mail package
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Summons and complaint, blank forms, etc.
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Notice and Acknowledgement
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Letter from your office
Letter should be friendly and point out the
benefits of working with DCSS.
Sample letter language
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“We’ve enclosed a copy of the legal papers
concerning the child Madeline Baxter. We
encourage you to seek legal counsel
promptly. Your base Judge Advocate Legal
Assistance Office can help you free of charge.
We can work with you and their staff to
resolve this matter, get genetic testing and
set support if appropriate. Our phone
is….our e-mail address is……”
Sample letter language
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“ Setting support in California child support
cases is by agreement of the parties, or
according to a schedule in the Family Code.
Your JAG can explain this, or you can go to
www.dcss.ca.gov and find a calculator for the
support amount.”
“Remember, if you don’t already have
dependents and you claim a new child, your
BAH rate will increase to the ‘with
dependents’ rate, paying most if not all of a
child support order”
Service of Process
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If your letter is unsuccessful, you can
use your contract server if the
servicemember lives off-post.
On post, contact the JAG office for
assistance. They won’t serve the soldier,
but may talk to them and explain that
they should accept service.
Service of Process
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You can write a letter to the soldier’s
Commander if you know their unit. They also
will not serve, but will facilitate.
Overseas (deployed) locations are the same
process – remember to list your e-mail.
Deployed personnel have limited phone time,
and won’t be spending it on you. Also,
they’re probably halfway around the world.
Facilitating Service of Process
Army:
Office of the Judge Advocate General
Attn: DAJA-LA
2200 Army Pentagon
Washington, DC. 20310
703-588-6708
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Facilitating Service of Process
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Navy:
Office of the Judge Advocate General (Code 16)
1322 Patterson Avenue, SE
Suite 3000
Washington Navy Yard, D.C. 20374-5066
202-685-4637
Facilitating Service of Process
Marine Corps:
Paralegal Specialist
Headquarters, U.S. Marine Corps (JAR)
2 Navy Annex
Quantico, VA 22134
703-614-3880
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Facilitating Service of Process
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U.S. Air Force:
AFLSA/JACA
1420 Air Force Pentagon
Washington, D.C. 20330-1420
703-697-0413
Facilitating Service of Process
Coast Guard:
United States Coast Guard G-PC (USCG)
Room 4100E, CGHQ
Department of Transportation
Washington, D.C. 20590
202-267-2799
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Additional resource:
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Present wife or domestic partner.
Defaults – and the SCRA
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Servicemembers Civil Relief Act (SCRA)
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No defaults without counsel.
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Have counsel appointed
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Actions by this counsel are not appearances
unless authorized or ratified by service
member
Reopening a default
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Defaults obtained in violation of SCRA
are voidable, not void.
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Military duty must have materially affected
ability to defend;
Has a meritorious defense to part of the
action;
Files for relief within 90 days of leaving
active duty
Stay of Proceedings
under SCRA
Wait for me!
Stay of proceedings
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SCRA provides for one automatic delay of 90
days, and beyond that at discretion of the
court
Letter explaining their current situation that
prevents their appearance – does service
‘materially affect’ their unavailability –
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Deployment?
Lack of leave?
Critical job specialty?
Stay of proceedings
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Letter should also explain the date they
will be available. If the issue is timecritical, think about stipulated
temporary orders, appearances by
phone, or negotiating the deal by email.
Stay of proceedings
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DoD Directive 1327.5, section 6.25 states: When a
Service member requests leave on the basis of
need to attend hearings to determine paternity or
to determine an obligation to provide child
support, leave shall be granted, unless (a)
member is serving in or with a unit deployed in a
contingency operation or (b) exigencies of military
service require a denial of such request. The leave
taken shall be charged as ordinary leave.
Additional stays
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A court may deny additional stays if:
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No facts are contested;
The service member is represented by counsel.
If a tribunal denies an additional stay, it must
appoint counsel to represent the service
member in the action or proceeding.
George P. v. Superior Court of San Luis Obispo
County
(2005) 127 Cal.App.4th 216
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Petitioner was an activated member of the National
Guard preparing for deployment in Iraq.
Trial court found petitioner’s military obligations did
not adversely affect his ability to participate both
personally and through counsel.
Court denied additional 90-stay of dependency
proceedings and terminated reunification services.
Ruling:
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Granting of additional stay under the SCRA is discretionary.
Court did not abuse its discretion in denying stay.
6 % Interest Cap
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Service members called to active duty
may have the interest rate on their
debts reduced to 6% IF:
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Debt is pre-service
They ask creditor in writing, with orders
Their income is lower than prior to active
duty.
6 % Interest Cap
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Recent Survey showed that of activated Reserve
Component (Reserve and Guard) service members,
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1/3 had their income decrease
1/3 stayed about the same
1/3 had an increase
If their income stays the same or increases, and you don’t
want to grant the reduction, the burden is on the Creditor to
move for relief in court.
Grant the reduction until you get a court to say you don’t
have to.
CSE can do this easily
Pay and Entitlements
Is this before or
after taxes?
What is the motto of the
U.S. Marine Corps?
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Tempus fugit
Omnia vincit amor
Semper fidelis
Veni, vidi, vici
Virgo intacta
Establishment –
Determining Income
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Pay is made up of:
Base Pay
Housing (BAH) (non-tax)
Food (BAS) (non-tax)
Special Pays
Imminent Danger, Family Separation, Hazardous
Duty, Sea Pay, Jump Pay, etc.
All Income earned while in combat zone (Iraq,
Afghanistan) is non-taxable
Establishment –
Determining Income
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All information is contained in the Service
member’s Leave and Earnings Statement, or
LES.
An LES can be difficult to read, so the DFAS
has come up with a guide – Each service has
their own:
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http://www.dfas.mil/militarypay/newinformation.html
Leave and Earnings
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Base Pay – You need the service member’s
rank or grade and the number of years in
service.
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http://www.dfas.mil/militarypay/militarypaytables/2008Milita
ryPayCharts35.pdf
Special Pays will be listed in the upper left
box of the LES, below Base Pay
Resource for Tax issues:
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Department of Treasury, Internal
Revenue Service Publication 3—
Armed Forces Tax Guide @
http://www.irs.gov/formspubs/
MODIFICATION OF ORDERS
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Notice to All Custodial Parties and NonCustodial Parents required by Family
Code section 17440(a)
Subject: Operation Enduring
Freedom—Review and Adjustment
requests
Lower Interest Rate
Automatic Review
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California Code of Regulations, Division 13, Chapter
5, Review and Adjustment of Child Support Orders.
§ 115530. Changes in Circumstances - Automatic
Review by Local Child Support Agency
* The obligor or obligee is a reservist in the military and
is called to active duty.
SB 1082
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Service on local child support agency (if IV-D case
open)
The date of deployment
All information relevant to determination of child
support
Whether the S/M’s employer will supplement income
during deployment
Notice to other party
SB 1082
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Court will attempt to set hearing before deployment
If S/M complies with SCRA then court must grant
initial stay of proceedings
Additional stays are discretionary
If additional stay is not granted court must appoint
counsel to represent S/M’s interests
S/M must notify court and other party upon return
from military duty
S/M must request matter be heard within 90 days of
return from deployment
If S/M does not timely request hearing upon return
then jurisdiction lost for modification
SB 1082
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Effective date of new support order. Family
Code section 3653 was amended to read that
the effective date of the modification shall be
the date the Notice of Activation was served
on the other party or the date of deployment,
whichever is later; unless the court finds
good cause not to make the order retroactive.
GOOD CAUSE includes a finding that the
delay in seeking modification was not
reasonable under the circumstances faced by
the S/M.
SB 1082
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Local Child Support Agency. Family Code
section 17440 (c):
Within five days of receipt of a properly
completed form (FL-398), the LCSA will bring
a motion to modify the support order. The
motion will be filed if the change in
circumstances would result in any change in
the dollar amount of the support order.
SB 1082
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FC section 17560 amended to state
acceptance is in the best interest of the
state for an offer to compromise
arrears that accrued as a result of a
decrease in income for S/M who failed
to modify support.
See also-
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CSS Letter 06-15
Subject: Review and Adjustment of
Child Support Orders for Military
Services Members Deployed Out-OfState
Enforcement
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If we had one of THESE, our FM 3 would be higher than 55%!
Enforcement – Serving OnTW
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Defense Financial Accounting Service (DFAS)
www.dfas.mil
In accordance with 42 U.S.C. § 666, OCSE policy
requires all state IV-D agencies to use the Federal
form Order/Notice to Withhold Income for Child
Support to attach earnings or other income.
CSE generates and mails this form. An electronic
interface is pending.
Send ONTW’s to:
DFAS-JFG/CL
P.O. Box 9980002
Cleveland, OH 44199-8002
1-888-332-7411
Fax: 1-877-622-5930
Medical Support
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Medical Support for
dependents of military
members is coordinated
through the DEERS system
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(Defense Enrollment and
Eligibility Reporting System)
Custodial Parent can enroll
dependent child at any
RAPIDS site – needs birth
certificate or court order.
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http://www.dmdc.osd.mil/rsl
/owa/home
Don’t forget – these
servicemembers are
parents first;
Soldiers, sailors, airmen
and Marines second.
Questions?
EXTRA CREDIT: UIFSA issue in Military uniform






Dad is in military.
Mom and Dad divorce in Virginia and Dad is ordered
to pay child support for their two children.
Dad is transferred to Washington.
Mom moves to your county and opens a case
requesting modification of the Virginia order.
You discover Dad has been sent to Iraq with his
military unit.
What do you do regarding the modification?