MILITARY ISSUES IN
FAMILY LAW
KIMBERLEY KLEIN POWER
power.law@att.net
Servicemembers Civil Relief Act
50 U.S.C. App. Sec 501 et seq.
• Primary remedy – “stay of proceedings” for at least 90 days as the
result of a request made either by the service member or on the
judge’s own motion.
– current military duties materially affect ability to appear
– a date when the service member can appear
– statement that military duties prevent appearance from
commanding officer
– statement that military leave is not authorized at the time
• Section 521 covers members who have not made an appearance.
This request does NOT equate to entering a general appearance.
• Section 522 for those that have had notice but need a stay.
Servicemembers Civil Relief Act
50 U.S.C. App. Sec 501 et seq.
•
Other provisions:
– reduction to 6% for pre-service loans or obligations (especially important
for guard/reserves called to active duty
– prohibits landlords from evicting a service member or his her family
members without a court order if the rent is below $1200 per month
– allows service members to terminate a pre-service lease for dwelling,
professional, business, agricultural, or similar lease and extends
coverage to leases entered into by active duty personnel who receive
orders for a permanent change of station or deployment of 90 days or
more
– motor vehicle leases: terminated if called to active duty or deployed for
180 days or more; terminated if permanent change of station to an
overseas location
– prohibits foreclosing
– Requires certain employers to reinstate reservist/guard when returned
from duty/deployment.
Defense Finance and Accounting Service (DFAS)
• www.dfas.mil
– Provides pay charts, forms, and frequently asked questions.
• Leave and Earnings Statement (LES)
– www.dfas.mil/militarypay/militaryemploymentverification
• Provides manuals on how to read the Leave and Earnings
Statements of different services.
• Basic Allowance For Subsistence (BAS)
– Tax free allowance
• Basic Housing Allowance (BHA)
– Tax free allowance
• http://perdiem.hqda.pentagon.mil/perdien/
• Cost of Living Allowance (COLA)
– Overseas is tax free
– US is taxable
DEFENSE FINANCE AND ACCOUNTING SERVICE MILITARY LEAVE AND EARNINGS STATEMENT
NAME (Last, First,
MI)
Doe, John
ID
SOC. SEC. NO.
xxxxxx
ENTITLEMENTS
Type
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
TOTAL
BASE PAY
BAS
BAH
GRADE
E7
PAY DATE
830615
YRS SVC
23
DEDUCTIONS
Amount
Type
3732.60
272.26
1207.00
FEDERAL TAXES
FICA-SOC SECURITY
FICA-MEDICARE
SGLI
AFRH
TSP
MID-MONTH-PAY
ETS
070909
BRANCH
AF
ADSN/DSSN
4027
PERIOD
COVERED
1-30 SEP 06
ALLOTMENTS
Amount
Type
338.80
231.42
54.12
29.00
.50
223.96
2042.28
DISCRETIONARY ALT
SUMMARY
+Amt Fwd
.00
+Tot Ent
5211.86
-Tot Ded
2920.08
-Tot Allt
250.00
Amount
250.00
=Net Amt
2041.78
-Cr Fwd
=EOM Pay
5211.86
2920.08
250.00
DIEMS
830615
.00
2041.78
RETPLAN
HIGH 3
LEAVE
BF Bal
60.0
FICA
TAXES
Wage Period
3732.60
PAY
DATA
BAQ Type
W/DEP
THRIFT
SAVINGS
PLAN (TSP)
Base Pay Rate
6
REMARKS:
Ernd
30.0
Used
27
Cr Bal
63.0
ETS Bal
91.5
Soc Wage YTD
37154.40
BAQ Depn
CHILD
VHA Zip
62225
Base Pay Current
.00
Lv Lost
.0
Lv Paid
40.0
Use/Lose
3.0
50975.34
IF TSP ELECTION AMT EXCEEDS NET AMT
Wage YTD
35586.68
M
/
S
S
E
x
0
3
Add'l Tax
.00
Tax YTD
4135.07
Soc Tax YTD
2303.57
Med Wage YTD
37154.40
Med Tax YTD
538.72
STATE
TAXES
St
IL
Wage Period
.00
Wage YTD
.00
M/S
S
Ex
01
Tax YTD
.00
Rent Amt
590.00
Share
1
Stat
R
JFTR
Depns
0
2D JFTR
BAS Type
Charity YTD
.00
TPC
PACIDN
Spec Pay Rate
0
Spec Pay Current
.00
TSP YTD Deductions
1567.72
YTD ENTITLE
Wage Period
3508.64
FED
TAXES
YTD DEDUCT
Inc Pay Rate
0
Inc Pay Current
.00
Deferred
1567.72
Bonus Pay Rate
0
Bonus Pay Current
.00
Exempt
.00
8798.58
CANNOT CONTACT UCC, CONTACT AFPC PRC AT
DUE, TSP WILL NOT BE DEDUCTED.
1-800-435-9941 OR HTTP://ASK.AFPC.RANDOLPH.
-USSDP CONTRIBUTIONS ARE PROCESSED MANUALLY
AF.MIL.
AS AN ALLOTMENT OF PAY. INFO ON MYPAY IS
-EFF 1 OCT 05, BAH RULES CHANGED AND MANY
UPDATED MONTHLY AFTER EOM PAYROLL IS PROCESS-
ASSIGNED TO USAFE WERE ERRONEOUSLY PAID.
ED AND USSDP TOTALS ARE UPDATED. PLEASE
DFAS-DE IS POSTING, THEN SUSPENDING A DEBT
ALLOW 60 DAYS TO VIEW YOUR ACCOUNT ON MYPAY.
AND WILL APPLY FOR A MASS REMISSION FOR ALL.
-REQUEST YOUR BALLOT FOR NOV 7 ELECTIONS!
NOTHING IS REQUIRED FROM THE AFFECTED MBRS.
CONTACT YOUR VOTING ASSISTANCE OFFICER OR
-UPDATE YOUR TRICARE ENROLLMENT WHEN YOU PCS.
VISIT WWW.FVAP.GOV.
USED LEAVE BALANCE ADJUSTED.
-EXCITING OPPORTUNITIES AWAIT! BECOME A
CURRENT MONTH LEAVE BALANCE ADJUSTED.
CAREER ENLISTED AVIATOR. VISIT VIRTUAL-MPF
CHARGE LEAVE 060905-060908(252)
RETRAINING & HTTPS://WWW.A3A5.HQ.AF.MIL/A3O/
BAH BASED ON W/DEP, ZIP 62225
A3OT/A3OTA/CEA/CEA.HTM FOR ADDITIONAL INFO.
BANK PENTAGON FEDERAL CREDIT UN
-HURRICANE SEASON IS HERE. IF YOU EVACUATE,
ACCT # xxxxxxx
CONTACT YOUR UNIT CC. ALL AF,ANG AND AD WHO
WWW.DOD.MIL/DFAS
DFAS Form 702, Jan 02
RETIREE ACCOUNT STATEMENT
STATEMENT EFFECTIVE DATE
DEC 02, 2005
NEW PAY DUE AS OF
JAN 03, 2006
SSN
XXX-XX-XXXX
PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES
DFAS-CL POINTS OF CONTACT
DEFENSE FINANCE AND ACCOUNTING 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
MSG JOHN DOE USAF RET
100 Military Lane
SWANSEA IL 62226-2427
PAY ITEM DESCRIPTION
ITEM
GROSS PAY
VA WAIVER
SBP COSTS
TAXABLE INCOME
OLD
NEW
1,381.00
579.00
6.93
795.07
1,437.00
602.00
7.22
827.78
ITEM
ALLOTMENTS/BONDS
OL
D
NEW
341.
54
341.54
NET PAY
486.24
453.
53
PAYMENT ADDRESS
YEAR TO DATE SUMMARY ( FOR INFORMATION ONLY)
DIRECT DEPOSIT
TAXABLE INCOME:
FEDERAL INCOME TAX WITHHELD:
9,540.84
.00
TAXES
FEDERAL WITHHOLDING STATUS:
TOTAL EXEMPTIONS:
SINGLE
05
SURVIVOR BENEFIT PLAN (SBP) COVERAGE
SBP COVERAGE TYPE:
CHILD COST:
CHILD(REN) ONLY
7.22
THE ANNUITY PAYABLE IS 55% OF YOUR ANNUITY BASE AMOUNT.
DFAS-CL 7220/148 (Rev 03-01)
ANNUITY BASE AMOUNT:
55% ANNUITY AMOUNT:
CHILD DOB:
ALLOTMENTS AND BONDS
ALLOTMENT TYPE
INSURANCE
MISC DISCRETIONARY
INSURANCE
INSURANCE
PAYEE
AFBA, THE 5 STAR ASSOC
SOUTHWEST BANK OF ST
TRICARE PRIME - NORTH
RETIRED DENTAL PLAN
AMOUNT
9.80
200.00
38.34
93.40
ARREARS OF PAY BENEFICIARY INFORMATION
THE FOLLOWING BENEFICIARIES ARE ON RECORD:
NAME
DOE JOHN SR.
DOE JANE
SHARE
50.00
50.00
MESSAGE SECTION
YOUR NEW PAY INCLUDES A 4.1% COST OF LIVING INCREASE.
***
YOUR RETIREE ACCOUNT STATEMENT AND ANY RETIRED PAY TAX FORMS (1099RS) FOR 2005
HAVE BEEN COMBINED INTO THIS ENVELOPE. PLEASE USE THESE TAX FORMS WHEN FILING
YOUR 2005 TAX RETURN.
***
YOUR VA WAIVER WAS CHANGED DUE TO RECENT LEGISLATION.
***
DO YOU WANT TO VIEW YOUR ACCOUNT AND TAX STATEMENTS ON-LINE AND MAKE PAY ACCOUNT
CHANGES?
***
VISIT MYPAY AT HTTPS://MYPAY.DFAS.MIL TO EITHER OBTAIN OR CHANGE YOUR PERSONAL
IDENTIFICATION NUMBER (PIN).
***
GET YOUR INCOME TAX REFUND IN HALF THE TIME BY USING IRS E-FILE WITH A DIRECT DEPOSIT
INTO YOUR BANK ACCOUNT.
***
AS A RESULT OF RECENT LEGISLATION, THERE IS CURRENTLY AN OPEN ENROLLMENT FOR THE
SURVIVOR BENEFIT PLAN THAT WILL RUN UNTIL SEPTEMBER 30, 2006. REFER TO OUR WEB SITE
AT http://www.dod.mil/dfas/ FOR MORE INFORMATION AND TO OBTAIN AN OPEN ENROLLMENT
DFAS-CL 7220/148 (Rev 03-01)
RELATIONSHIP
FATHER
MOTHER