Domestic Relations Association of Pennsylvania - October 3, 2005

Working with the Department of Defense

IntroductionPolicy and Procedures (including “practice tips”)Servicemembers Civil Relief Act– Stays– Default Judgments

Defense Finance & Accounting Service– Military Pay– Statutory Allotments– Medical Support

AgendaAgenda

Department of Defense (DoD)Branches of Services– Department of the Army– Department of the Navy (includes Marine

Corps)– Department of the Air Force

Department of Homeland Security (includes Coast Guard)

Military’s OrganizationMilitary’s Organization

1.4 million active duty654,000 civilians1.2 million Guard and Reserve2.0 million retirees & families receiving benefits

America’s largest company

5.3 Million Strong5.3 Million Strong

America’s largest company

More than 146 countriesSome 473,881 personnel overseas or afloat

Worldwide MissionWorldwide Mission

Budget/ Company Revenue* Employees*

DoD $371 billion 2,036,000Wal-Mart 227 billion 1,383,000 ExxonMobil 200 billion 97,900GM 181 billion 365,000 Ford 160 billion 354,400

America’s largest company

In Comparison . . . In Comparison . . .

Company, Battery or Troop

Battalion or Squadron

Brigade or Regiment

Division or Installation

Corps or Large Installation

Major Command

Army Chief of Staff

Platoon

Squad

President

Secretary of the Army

Secretary of Defense

Chain of CommandChain of Command

Rank– Different for each Service– Example: Captain - Air Force

Captain - Navy

Pay Grade (Numbered 1 thru 10)– O for Officer– E for Enlisted– WO for Warrant Officer

Rank vs. Pay GradeRank vs. Pay Grade

10

9

8

7

6

5

4

3

2

1

Officer = O

Warrant Officer = WO

Enlisted = E

DoD’s “Periodic Table”DoD’s “Periodic Table”

Parents Are To Be

Fiscally Responsible For Their Children

Department of Defense Department of Defense PolicyPolicy

Dep’t of Defense Directive 1327.5Mandates the Service member’s commander to grant leave for paternity and support hearingsExceptions: – Service member is deployed in a war – Exigencies of military service require a

denial of such a request.

Leave & Liberty

Service RegulationsService Regulations

Army - AR 608-99Air Force - AFI 36-2906Navy - SECNAVINST 7431.1Marine Corps - Marine Corps Order

P5800.16 (LEGADMIN) Ch. 15Coast Guard - PERSMAN Chapter

8M

ResourcesResources

A Caseworker’s Guide to Support Enforcement and Military Personnel

www.acf.dhhs.gov/programs/cse/fct/militaryguide2000.htm

Practice TipsPractice Tips

Need Social Security NumberFollow Chain of Command When

PossibleRecognize Commander’s LimitationsUse Military Sources:

Inspector General Legal Office

Service of ProcessService of Process

Jurisdictional IssuePersonal ServiceService Overseas

http://travel.state.gov/service_general.html

Army:Office of the Judge Advocate

GeneralAttn: DAJA-LA2200 Army PentagonWashington, D.C. 20310(703) 588-6708

Navy:Office of the Judge Advocate

General (Code 16)1322 Patterson Avenue, SESuite 3000Washington Navy Yard, D.C.20374-5066(202) 685-4637

Facilitating Service of ProcessFacilitating Service of Process

Marine Corps:Paralegal Specialist (Ms. Flores)Headquarters, US Marine Corps (JAR)2 Navy AnnexQuantico, VA 22134(703) 784-3681

U.S. Air Force:AFLSA/JACA1420 Air Force PentagonWashington, D.C. 20330-1420(703) 697-0413

Coast Guard:United States Coast GuardG-PC (USCG)Room 4100E, CGHQDepartment of TransportationWashington, D.C. 20590(202) 267-2799

Facilitating Service of ProcessFacilitating Service of Process

The Servicemembers’Civil Relief Act

(SCRA)

HISTORY OF SSCRA/SCRAHISTORY OF SSCRA/SCRA

SSCRA of 1940– Reenactment to protect those “called to arms”– Enactment of 6% interest rate cap (old §526)

1991 Amendments– Desert Shield/Storm – Partial update; increased certain amounts;

added non-discrimination provisions and suspension of malpractice insurance for health care professionals

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– to incorporate and codify many years of judicial

interpretation of the SSCRA– to update the SSCRA to reflect developments in

American life since 1940

New & Improved SCRANew & Improved SCRA

“Although the Act should be read liberally and afford generous protection to the Service member, the protection does have its limits.”

Le Maistre v. Leffers 333 US 1 (1948)

A Shield Not A SwordA Shield Not A Sword

Active Military– Army, Navy, Air Force, Marines, 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:– Civilian Employees– Retirees– DoD contractors– Dependents*

*Certain protections may apply to contractual obligations of dependents (e.g., lease terminations)

Who’s Covered?Who’s Covered?

Judicial ProceedingsAdministrative Proceedings (as of Dec 2003)Entry of Interim Orders (as of Dec 2004)Entry of Final OrdersThe SCRA has very limited affect on the enforcement of orders

What’s Covered?What’s Covered?

SCRA rule on interest

New 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 on active duty

Material affect analysis applies

Under the Act, Servicemember must request the cap and send orders

6% Rate Cap6% Rate Cap

Section 701 amended SCRA to broaden the term “judgment” to mean any judgment, decree, order or ruling final or temporary

Section 702 related to the requirements for inserting waiver language into legal documents

Section 703 makes the protections of the SCRA available to plaintiffs and defendants

Recent Amendments (S.2486)Recent Amendments (S.2486)

Automatic stay for 90 days

If subsequent request for a stay is denied, court must appoint an attorney

Length of stay after the first 90 days

Application for a stay does not constitute a general appearance

Stay of ProceedingsStay of Proceedings

Court has the discretion to grant or deny the stay.If the Court denies the stay, it must appoint an attorney to represent the Servicemember.

Subsequent StaysSubsequent Stays

Two fold request:– Communication from the

Servicemember setting forth • facts in which current military duty

requirements materially affect his/her ability to appear

• and stating a date when the servicemember will be available to appear.

Proper Requests for StayProper Requests for Stay

Two fold request (continued):– Letter from the Servicemember’s Commanding

officer affirming the following:• that the servicemember's military duty prevents an

appearance.• and that military leave is not authorized for the

servicemember at the time of the letter.• If this letter contains servicemember’s available

court dates, the court may deem the letter sufficient to pass the two fold test.

Proper Requests for StayProper Requests for Stay

Affidavit of military/non-military status

Court-appointed attorney

Availability statement

Service member may reopen default judgment

Default JudgmentsDefault Judgments

Applies to all of the following:– Final Judgments– Interim Orders (New)– Court Orders– Administrative Support Orders but

not to administrative enforcement remedies, such as liens, wage withholdings and the like.

Default JudgmentsDefault Judgments

Defense Manpower Data Center (DMDC)

Provide Certificate as to Military Service on the Internet – Acceptable documentation to show whether he/she is in the military.

Requires application and password

Fax request for application to 703-696-4156 or letter to DMDC, Military Verification, 1600 Wilson Blvd, Suite 400, Arlington, VA 22209

Default JudgmentsDefault Judgments

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.

Default JudgmentsDefault Judgments

When Defendant is in the service - Must appoint prior to granting default judgment

Duties of appointed attorney– Protects Service member’s rights– Determines status and seeks stay

Can’t waive rights or bind Service member

Appointed CounselAppointed Counsel

Service member can request court to re-open judgment anytime during Service member’s Military Service

Service member/attorney can also file an application to re-open within 90-days of end-of-military service

Reopening Default JudgmentsReopening Default Judgments

Defense Finance & Accounting Defense Finance & Accounting Service (DFAS)Service (DFAS)

Responsibilities

Staffing/Workload

Process Workflow

Systems

Pay Systems

DFAS GarnishmentsDFAS Garnishments

All child support/alimony garnishments for DoD civilian and military personnel and DOE

USFSPA applications for court-ordered divisions of military retired pay

Commercial garnishments - civilian employees

Military commercial debt involuntary allotments

Chapter 13 bankruptcies for military retirees and active duty Navy

DFAS ResponsibilitiesDFAS Responsibilities

Orders Processed:FY 2000 136,510FY 2001 149,032FY 2002 191,710FY 2003 216,297

FY 2004 278,553

Average Monthly Pay Out: $50 - $60 Million447,450 Active Cases

DFAS WorkloadDFAS Workload

EC/EDI and WEB BASED APPLICATIONS

DFAS Kids 1st Program– Child Support Enforcement Agencies Send Orders

Directly to DFAS Over the Web or by Batch Process

Web Based - Implemented May 2000 Ohio - Hawaii - Guam - Oklahoma - Wisconsin New Mexico - Utah - Idaho - Georgia

Batch Process - Implemented September 2001 Texas - South Dakota - Iowa - Colorado West Virginia - Oregon

DFAS InitiativesDFAS Initiatives

Send garnishment orders to:

DFAS-DGG/CL P O Box 998002

Cleveland, OH 44199-8002

Customer Service: 1-866-859-1845 Website: http://www.dfas.mil/garnish

DFAS ContactsDFAS Contacts

• DoD Pay Tables - www.dfas.mil/money/milpay.pay

• BAH - www.dtc.mil/perdiem/bah.html(Contains BAH tables & zip code feature to search by)

• LES - www.dfas.mil/money/milpay(Click on pay-military; Scroll to “Military LES”)

Military PayMilitary Pay

Establish support in accordance with state guidelines Military Base Pay by rank and time in service

Allowances:

-BAH (Basic Allowance for Housing) - Amount increases with rank

-BAS (Basic Allowance for Subsistence)

Military PayMilitary Pay

• Special Skills Pays

—Flight pay—Hazardous duty pay—Career sea pay—Submarine duty pay—Jump pay—Many others

• Bonuses(Lump-sum, usually for re-enlisting)

Military PayMilitary Pay

Air Force Active Duty, Air Force Reserves & National GuardDFAS DenverAttn: DFAS DE-GA6760 Irvington PlaceDenver, CO 80279-8000

Army Active Duty, Army Reserves & Army National GuardDFAS IndianapolisAttn: DFAS IN-FJEF8899 East 56th StreetIndianapolis, IN 46249-0865

Navy Active Duty, Navy Reserves, All Military RetireesDFAS ClevelandAttn: DFAS CL-GAF1240 East 9th StreetCleveland, OH 44199

Marine Corps Active DutyDFAS Kansas CityKansas City Center (FCRAF)1500 East 95th StreetKansas City, MO 64197-0001

Marine Corps Reserve DutyDFAS Kansas CityKansas City Center (FPPR)1500 East 95th StreetKansas City, MO 64197-0001

Obtain Service Members’ Payroll Informationfrom the Appropriate Military Finance Center

Pay System AddressesPay System Addresses

• “Allotment” is a Misnomer: These are Wage Withholding Actions!

Active duty military pay and allowances

• Prerequisites

– A court or administrative order establishing a child support (or spousal and child support) obligation

– An arrearage in an amount equal to or greater than two months support under the obligation

• Procedure

– Court or state CSE agent sends notice to DFAS requesting initiation of an involuntary allotment

– “Notice” is a letter signed by designated person (32 CFR, Part 54.3)

Statutory AllotmentsStatutory Allotments

Include the member’s name and Social Security Number; a statement that there are arrearages equal to or greater than 2 months support and the date the allotment should stop

The allotment will be for the amount of the monthly support obligation

For arrearages-request must ask for and have a court or administrative order requiring the payment of accrued arrearages

Statutory AllotmentsStatutory Allotments

Stringent legal requirements for direct payment

Final order from court of competent jurisdiction No Foreign Courts

Jurisdiction over the member Residence in the jurisdiction by reason other than military assignment Domicile Consent

SCRA if member is on active duty at time of divorce

10/10 Rule - Marriage must be at least ten years that overlaps with ten years of creditable service

USFSPA UpdateUSFSPA Update

Other Considerations

Maximum Payment: 50% of disposable pay If combined with garnishment order - 65% maximum

Order should award fixed amount or percentage Limited approval of formulas and hypotheticals

All information needed to compute a formula except the total months of service, must be supplied in the court order (See our website)

USFSPA UpdateUSFSPA Update

All Medical Support Orders for DoD go to DMDC

Must Be Enrolled in DEERS

To Check if Dependent Child is EnrolledDMDC Support OfficeAttn: CAG400 Gigling RoadSeaside, CA 93955-6771

Enrollment - Nearest Location 1-800-538-9552 or web site

http://www.dmdc.osd.mil/rsl/owa/home--RAPID’s Adress

Need Name & SSN of Obligor Plus Name, SSN and Date of Birth of

Child

Medical SupportMedical Support

The National Medical Support Order does not apply to active duty and retired military members

However, DMDC will respond to National Medical Support Notice

Do not send medical support notices to DFAS!

What about reservists?

DoD Civilians?-coming soon, the addresses for the employees HR office will be on the new hire and Q/Wage

Medical SupportMedical Support

Department of Defensewww.defenselink.mil The DoD website with information about

and links to the Department of Defensewww.dfas.mil Provides information about the Defense Finance

and Accounting Service (DFAS)www.dmdc.osd.mil The website of the Defense Manpower

Data Center that allows registered users to verify if an individual is in the military service

Armywww.army.mil Contains links to Army sites, including Army

installations and publicationshttp://www.army.mil/installations/default.htm Contains

comprehensive links to all Army installations and their websites

Military WebsitesMilitary Websites

Navywww.navy.mil Contains links to Navy siteshttp://www.chinfo.navy.mil/navpalib/ships/lists/homeport.html

Provides a list of homeports and the ships assigned to them with FPO addresses

Air Forcewww.af.mil Contains links to Air Force siteshttp://www/af.mil/sites/alphabetical.shtml#a Contains an

alphabetical listing of Air Force locations around the world with site links

Marine Corpswww.usmc.mil Contains links to Marine Corps sites

Military WebsitesMilitary Websites

Domestic Relations Association of Pennsylvania - October 3, 2005

The Department of Defense