Eastern Regional Interstate Child Support Association
Annual Training Conference
The Growing Military/Veteran Caseload - What to Expect and Where
to Get Help
Defense Finance and Accounting Service
Scott W. Lafferty
Deputy Assistant General Counsel
Deputy Director, Garnishment Operations
May 20, 2014
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DoD Policy
Parents
Are To Be
Fiscally Responsible
For Their Children
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Service Regulations
 Army - AR 608-99
 Air Force - AFI 36-2906
 Navy – MILPERSMAN 1754.030
 Marine Corps - Marine Corps Order P5800.16A,
Chapter 15, LEGADMINMAN
 Coast Guard – COMDTIST M1600.2, Chap 2.E.
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“MILITARY” STATUS
 KNOW THE DIFFERENCE BETWEEN
 Active Duty
 Reserve
 National Guard
 Retirees of Above
 Veteran
• Receiving Benefits or Not
• Medical, Pension
 Dependents of Military Member/Veteran
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Military Status (cont’d)
 Military can mean:
 Active Duty - Army, AF, Navy, Marines, Coast Guard
 Reserve
• Active (Title 10)
• Training
• Inactive
 National Guard
• Active or in “Federal Status” (Title 10)
• Mobilized for emergency (Title 32)
• Training
 Retiree
• Receiving Pay – Active Duty v. Reserve and Guard
• Disability Retiree
• Medical Benefits – From TRICARE
 Veteran – Someone who served in the military
• May or may not receive Payments or Services fm DVA
• Can receive medical or other benefits fm DVA and not disability comp
 Dependents of the above (AD, Reserve, Guard, Retiree, Vet)
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Locate Issues and VOE’S
 Employment information contained in the Quarterly Wage &
New Hire Reports ─ these include all pays the member received
for the quarter Federal Parent Locator Service:
http://www.acf.hhs.gov/programs/cse/newhire/ndnh/ndnh.htm
 Ask State Child Support Office for DoD External Locate
Requests ─ sent from the state to DMDC
 Active duty/unit duty address
 Reserves/Guard-unit/duty address
 Retired-home address
 Contact your state technical support liaison listed on ACF website under
new hire contacts
 Use of subpoena is cumbersome for states & puts heavy
burden on DFAS.
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Military Locator
DoD Knowledge Base:
Web Link:
https://kb.defense.gov/app/answers
/detail/a_id/344/~/locating-servicemembers-or-getting-a-mailingaddress
General info for locating military mbrs
Army:
Commander, Army Human
Resources Command
1600 Spearhead Div. Ave
Fort Knox, Kentucky 40122
1-888-276-9472
Navy:
Navy Personnel Command
(PERS 312)
5720 Integrity Drive
Millington, TN 38055-3120
(901) 874-3388
fax (901) 874-2000
Air Force:
HQ/AFPC/DPDXIDL
550 C. St. West, Suite 50
Randolph AFB, TX 78150-4752
(210) 565-2660
(210) 565-1675
For subpoenas:
usarmy.knox.hrc.mbx.foia@mail.com
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Military Locator (Cont’d)
Coast Guard:
Marine Corps:
HQMC – MMSB -17
2008 Elliot Road, Room 203
Quantico, VA 22134-5030
(703) 784-3941
www.mmsb.usmc.mil
703-784-3941/42/43
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Commander
US Coast Guard - PSC
4200 Wilson Blvd, Suite 1100
Arlington, VA 20598
(202) 493-1684
fax (202) 493-1676
Mr. Maldonado
Marvin.I.Maldonado@uscg.mil
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Personal Jurisdiction over Military Members
 Physical Residence
 Place where member actually resides
 Not generally the same as domicile
 Domicile
 Usually place of legal residence when member enters service
 May be shown on LES, but that can change
 Based on intent
 Long Arm Statutes - Minimum Contacts
 Means for a court or an administrative tribunal to exercise personal
jurisdiction
 Uniform Interstate Family Support Act (UIFSA) – All states adopted
 Basis for obtaining personal jurisdiction over a nonresident military
member –E.g. Mbr resided in forum with child
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Service of Process
 Due Process under the U.S. Const. requires notice of
proceedings for Court to obtain personal jurisdiction
 Military Regulations on Service of Process
 Army – 32 Code of Federal Regulations (CFR) §§ 516.10 and
516.12
 Navy and Marine Corps 32 CFR § 720.20
 Coast Guard Regulation – M5810.1D
 Personal Service – Member Stateside - not on Installation
 Voluntary acceptance
 Mail
 Personal service by civilian authority
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Service of Process (cont’d)
 Service on a Military Installation
 Type of Installation
• Open base - no special permits required
• Closed base – checkpoints special ID or need to enter
 Type of Jurisdiction on Base –
• Subject to reasonable restrictions by Installation Commander
• Exclusive Federal jurisdiction – no right to serve state process;
commander or supervisor determines voluntary acceptance
• Partial or concurrent Federal/State Jurisdiction – state reserves
right to serve process on installation per state law
• See 32 C.F.R. § 516.10(d)
• Proprietary – same as concurrent
• Contact installation legal office for assistance, determine local
procedures
• NAVY: 32 C.F.R. § 720.20(a)(1) & (2) – Service on Navy installation
requires commanding officer’s consent
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Facilitating Service of Process
 Executive Order 12953 - 5 CFR Part 581, App. B
 Requires designation of agents to facilitate service of process
 KEY: Officials not responsible for actual service; will not
accept requests for service of process
Army: Chief, Legal Assistance Policy Division, DAJA-LA, 2200 Army
Pentagon, Room 3B548, Washington, D.C. 20310-2200 (571) 256-7865
Air Force: Community Legal Services, Legal Issues Division
(AFLOA/CLSL), 1500 W. Perimeter Road, Ste 3750, Joint Base Andrews
NAF Washington, MD 20762
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
Marine Corps: Paralegal Specialist, Headquarters, US Marine Corps
(JAR) 2 Navy Annex, Quantico, VA 22134 (703) 614-3800
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Service of Process - Overseas
 Service Overseas
 Laws of host nation
 Status of Forces Agreements (SoFAs)
 Treaty or Convention
• Hague Convention
• Inter-American Convention
 Military Service Guidance on Service Overseas
• Army - 32 CFR 516.12(c)
• Navy - 32 CFR 720.20(c)
 Methods
 Service by mail – suggest certified or registered mail
 Letters Rogatory – Request to effect service from court in U.S. to
court in foreign country when no treaty in force
 Personal service by foreign agent- Retain foreign attorney or
process server
 Voluntary Acceptance – coordinate with commanding officer
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Service Overseas – cont’d
 Hague Service Convention
 Requires a special Request for Service to each country’s Central
Authority
• Translation and Notarial Requirements
• http://www.hcch.net/index_en.php?act=text.display&tid=44
 Inter-American Convention on Letters Rogatory and Additional
Protocol
 Similar to Hague Service Convention
 In force with 17 Central and South American countries
 Request form: http://www.usmarshals.gov/process/usm272.pdf
 State Department
 http://travel.state.gov/law/judicial/judicial_680.html
 http://travel.state.gov/content/travel/english/legalconsiderations/judicial.html
 Re: agreements with foreign countries for child support
enforcement http://www.acf.hhs.gov/programs/css/international
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Resources – Support Enforcement
 ‘Working with the Military as an Employer – A Quick Guide’
http://www.acf.hhs.gov/programs/cse/newhire/employer/publication/military_quick_gu
ide.pdf
 ‘Working with the Military on Child Support Matters: Trainer
Guide’
http://www.acf.hhs.gov/programs/css/resource/working-with-the-military-on-childsupport-matters-trainer-guide
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Servicemembers’ Civil Relief Act (SCRA)
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Servicemembers’ Civil Relief Act (SCRA)
 Purposes of the SCRA:
 (1) to provide for, strengthen, and expedite the national defense
through protection extended by this Act to service members of
the United States to enable such persons to devote their entire
energy to the defense needs of the Nation; and
 (2) to provide for the temporary suspension of judicial and
administrative proceedings and transactions that may adversely
affect the civil rights of service members during their military
service.
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New Improved SCRA
 On 19 December 2003, President Bush signed the
SCRA, a complete revision of the SSCRA.
 The SCRA was written to:
 Clarify the language of the SSCRA
 Incorporate and codify many years of judicial interpretation of the
SSCRA
 Update the SSCRA to reflect developments in American life since
1940
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ORGANIZATION
 Found at 50 USC App. §§ 501-596 (cites herein are to
50 U.S.C. App. § ___)
 Title I - General Provisions
 Title II - General Relief




Default judgments and stays --§§ 521, 522, 524, 525
Fines & Penalties in contracts - § 523
Statutes of Limitation --§ 526
Maximum rate of interest - § 527
 Title III (§§ 531-538)
 Major substantive protections against evictions, termination of
installment contracts, foreclosure on mortgages, and termination
of leases by lessees, protection to dependents
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ORGANIZATION (cont.)
 Title IV - Life Insurance (§§ 541-549)
 Title V - Taxes and Public Lands
 § 571 - Residence for tax purposes
 Title VI - Administrative Remedies
 Title VII - Further Relief
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Scope of the SCRA
 Who is Covered:
Active Military
 Army, Navy, Air Force, Marine Corps, Coast Guard
 Reservists called to active duty
 National Guard in Title 10 status or Title 32 status if called to active
duty for more than 30 days for purposes of responding to a national
emergency declared by the President and supported by federal funds
 Not applicable to:




Retirees
Civilian Employees
DoD Contractors
Dependents*
*Certain protections may apply to contractual obligations of dependents
(e.g., leases terminations)
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Proceedings/Orders Covered by SCRA
 Judicial Proceedings
 Administrative proceedings (as of Dec. 2003)
 Entry of interim orders (as of Dec. 2004)
 Entry of final orders
 The SCRA has very limited effect on the enforcement
of withholding orders (garnishments)
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Automatic Stays
 As a general rule, the court must grant an initial stay of
proceeding for no less than 90 days if properly requested
by the Service member (plaintiff or defendant).
50 U.S.C. App. § 522 (b)(1)
Rationale:
With delayed mail delivery and
diminished opportunities to consult
with legal counsel so common to
military service, a period of time is
needed to allow an adequate
opportunity for servicemembers to
consult with military or civilian
counsel, and to respond to the
courts.
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Member Requests for Stay of Proceedings
 Two-fold request:
 Communication from the service member – Sec. 522 (b)(2)(A):
• Setting forth facts in which current military duty requirements materially
affect his/her ability to appear
• Stating a date when the Service member will be available to appear
 Letter from the Service member’s commanding officer
affirming the following – Sec 522 (b)(2)(B):
• Service member's military duty prevents an appearance
• Military leave is not authorized for the Service member at the time of the
letter
 If this letter contains the Service member’s available court dates,
the court may deem the letter sufficient to pass the two-fold test.
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Effect of Request for Stay on Member’s Rights
 Application for a stay under §522 does not constitute
an appearance for jurisdictional purposes and does
not constitute a waiver of any substantive or
procedural defense (including a defense relating to
lack of personal jurisdiction).
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DOD Instruction 1327.6 - Leave & Liberty
 Mandates that service member’s commander grant
leave for paternity and support hearings
 Exceptions:
 Service member is deployed in a war
 Exigencies of military service require denial of such a request
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Subsequent Requests for Stay
 Court has the discretion to grant or deny the stay
 If the court denies the stay, it must appoint an attorney
to represent the service member
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SCRA and Default Judgments
 If defendant does not appear in court or respond to
court summons, the SCRA requires a sworn affidavit
by the plaintiff stating either – 50 U.S.C. App § 521
 Whether or not the defendant is in military service and showing
necessary facts to support the affidavit
 The plaintiff is unable to determine whether or not the defendant
is in military service
 If defendant is not in the military, the plaintiff may proceed to final
judgment
 If defendant is in the military, the court is required to appoint an
attorney for the defendant
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SCRA and Default Judgments
 Consequences of failing to file an affidavit
 A non-service member defendant has no remedy
 If the defendant is a service member, then the order can be voided
and is subject to attack upon a showing that the service member:
• is materially affected by reason of military service in making a
defense to the action
• has a meritorious or legal defense to all or part of the action
• 50 U.S.C. App § 521(g)
 SCRA default guidance applies to all of the following:




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Final Judgments
Interim Orders (New)
Court Orders
Administrative Support Orders but… not to administrative
enforcement remedies, such as liens, wage withholdings, etc.
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Stay or Vacation of Judgment or Garnishment
 Under 50 U.S.C. App. § 524, if a service member, in the
opinion of the court, is materially affected by reason of
military service in complying with a court judgment or
order, Court may on its own motion and shall on
motion of member:
 Stay execution of judgment
 Vacate or stay attachment or garnishment
 Service member or their attorney can request court to
stay or vacate judgment any time during Service
member’s period of military service can or within 90
days of the end of military service
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Appointed Counsel - 50 U.S.C. App § 521(b)(2)
 When defendant is a service member, the court must
appoint an attorney prior to granting a default
judgment
 Duties of appointed attorney
 protects Service member’s rights
 determines status and seeks stay
 Can’t waive rights or bind service member
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Certificate of Military Status
 Defense Manpower Data Center (DMDC)
 Provide Certificate as to military service via Web –
acceptable documentation to show whether
individual in the military
https://www.dmdc.osd.mil/scra/owa/scra.home
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DMDC Certificate of Military Status
 If the Service member is on active duty, this is what
you’ll see:
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DMDC Certificate of Non-Military Status
 If the Service member is NOT on active duty, this is
what you’ll see:
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6% Rate Cap - 50 U.S.C. App § 527
 SCRA rule on interest
 Law clarifies that interest above 6% must be forgiven
(some creditors were deferring interest)
 Applies to child/spousal support arrearages
 Applies to only those arrearages incurred prior to
induction to active duty
 Material affect analysis applies
 Under SCRA, Service member must request the
interest cap and produce military orders
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DEERS Enrollment - ID CARDS
 Source: Defense Human Resources Activity (DHRA)
 ID cards are issued to dependent children age 10 and
older, with the following exceptions:
 The child is of a joint service couple or a single parent
 The child’s physical appearance warrants issuing card (for
example, appears older than 10)
 The child does not reside in the household of an eligible adult
family member
 Enrollment of a dependent child in DEERS under any
scenario requires:
 A birth certificate, and
 A completed DD Form 1172-2 signed by the sponsor
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DEERS Enrollment – Documentation Required
Male Sponsor Scenario 1
 Out-of-wedlock child whose paternity has been
judicially determined
 An order or other appropriate document from a court of
competent jurisdiction in the United States (or U.S.
territory or possession) that establishes paternity
 Consent order of paternity, or Affidavit of paternity,
recognized by a court of competent jurisdiction in the
United States (or U.S. territory or possession)
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DEERS Enrollment – Documentation Required
Male Sponsor Scenario 2
 Out-of-wedlock child whose paternity has not been
judicially determined
 If the service member is stationed in a foreign country, a
written Staff Judge Advocate opinion
 A Voluntary Acknowledgement of Paternity (VAP) signed
by both parents and filed with the State
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DEERS Enrollment – Documentation Required
Male Sponsor Scenario 3
 Child born to a married couple, military sponsor
refuses to recognize as his
 The child is considered to be a “child of the marriage”
 Should be enrolled in DEERS with only a birth certificate
 Paternity test required to substantiate sponsor’s claim
and remove child from DEERS
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DEERS Enrollment – Documentation Required
Female Sponsor Scenario
 In all cases where the female service member is
the birth mother, a child born out of wedlock, may
be enrolled in DEERS as the service member’s
dependent child using the birth certificate
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Questions?
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