military issues in family law kimberley klein power [email protected]
TRANSCRIPT
Servicemembers Civil Relief Act50 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 Act50 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.
• 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 (DFAS)
BASE PAY BAS BAH
3732.60272.26
1207.00
FEDERAL TAXES FICA-SOC SECURITYFICA-MEDICARE SGLI AFRH TSP MID-MONTH-PAY
338.80231.4254.1229.00
.50223.96
2042.28
DISCRETIONARY ALT 250.00
DEFENSE FINANCE AND ACCOUNTING SERVICE MILITARY LEAVE AND EARNINGS STATEMENT
IDNAME (Last, First, MI)Doe, John
SOC. SEC. NO. xxxxxx
GRADEE7
PAY DATE830615
YRS SVC23
ETS070909
BRANCHAF
ADSN/DSSN4027
PERIOD COVERED
1-30 SEP 06
ENTITLEMENTS DEDUCTIONS ALLOTMENTS SUMMARY
Type Amount Type Amount Type Amount+Amt Fwd .00
ABCDEFGHIJKLMNO
TOTAL 2920.08 250.00
+Tot Ent 5211.86
-Tot Ded 2920.08
-Tot Allt 250.00
=Net Amt 2041.78
-Cr Fwd .00
=EOM Pay 2041.78
5211.86 DIEMS
830615
RETPLAN
HIGH 3
LEAVE BF Bal60.0
Ernd30.0
Used27
Cr Bal63.0
ETS Bal91.5
Lv Lost.0
Lv Paid40.0
Use/Lose3.0
FEDTAXES
Wage Period3508.64
Wage YTD35586.68
M/SS
Ex03
Add'l Tax.00
Tax YTD4135.07
DFAS Form 702, Jan 02
FICATAXES
Wage Period3732.60
Soc Wage YTD37154.40
Soc Tax YTD2303.57
Med Wage YTD37154.40
Med Tax YTD538.72
STATETAXES
StIL
Wage Period.00
Wage YTD.00
M/SS
Ex01
Tax YTD.00
PAYDATA
BAQ TypeW/DEP
BAQ DepnCHILD
VHA Zip62225
Rent Amt590.00
Share1
StatR
JFTR Depns0
2D JFTR BAS Type Charity YTD.00
TPC PACIDN
WWW.DOD.MIL/DFAS
THRIFTSAVINGS
PLAN (TSP)
REMARKS: YTD ENTITLE 50975.34 YTD DEDUCT 8798.58
Base Pay Rate6
Base Pay Current.00
Spec Pay Rate0
Spec Pay Current.00
Inc Pay Rate0
Inc Pay Current.00
Bonus Pay Rate0
Bonus Pay Current.00
TSP YTD Deductions1567.72
Deferred1567.72
Exempt.00
IF TSP ELECTION AMT EXCEEDS NET AMT DUE, TSP WILL NOT BE DEDUCTED. -USSDP CONTRIBUTIONS ARE PROCESSED MANUALLY AS AN ALLOTMENT OF PAY. INFO ON MYPAY IS UPDATED MONTHLY AFTER EOM PAYROLL IS PROCESS- ED AND USSDP TOTALS ARE UPDATED. PLEASE ALLOW 60 DAYS TO VIEW YOUR ACCOUNT ON MYPAY. -REQUEST YOUR BALLOT FOR NOV 7 ELECTIONS! CONTACT YOUR VOTING ASSISTANCE OFFICER OR VISIT WWW.FVAP.GOV. -EXCITING OPPORTUNITIES AWAIT! BECOME A CAREER ENLISTED AVIATOR. VISIT VIRTUAL-MPF RETRAINING & HTTPS://WWW.A3A5.HQ.AF.MIL/A3O/ A3OT/A3OTA/CEA/CEA.HTM FOR ADDITIONAL INFO. -HURRICANE SEASON IS HERE. IF YOU EVACUATE, CONTACT YOUR UNIT CC. ALL AF,ANG AND AD WHO
CANNOT CONTACT UCC, CONTACT AFPC PRC AT
1-800-435-9941 OR HTTP://ASK.AFPC.RANDOLPH.
AF.MIL.
-EFF 1 OCT 05, BAH RULES CHANGED AND MANY
ASSIGNED TO USAFE WERE ERRONEOUSLY PAID.
DFAS-DE IS POSTING, THEN SUSPENDING A DEBT
AND WILL APPLY FOR A MASS REMISSION FOR ALL.
NOTHING IS REQUIRED FROM THE AFFECTED MBRS.
-UPDATE YOUR TRICARE ENROLLMENT WHEN YOU PCS.
USED LEAVE BALANCE ADJUSTED.
CURRENT MONTH LEAVE BALANCE ADJUSTED.
CHARGE LEAVE 060905-060908(252)
BAH BASED ON W/DEP, ZIP 62225
BANK PENTAGON FEDERAL CREDIT UN
ACCT # xxxxxxx
RETIREE ACCOUNT STATEMENT
STATEMENT EFFECTIVE DATE DEC 02, 2005
NEW PAY DUE AS OF JAN 03, 2006
SSN XXX-XX-XXXX
PAY ITEM DESCRIPTION
ITEM OLD NEW ITEM OLD
NEW
GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME
1,381.00 579.00
6.93 795.07
1,437.00 602.00
7.22 827.78
ALLOTMENTS/BONDS
NET PAY
341.54
453.53
341.54
486.24
PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES
MSG JOHN DOE USAF RET 100 Military Lane SWANSEA IL 62226-2427
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
PAYMENT ADDRESS YEAR TO DATE SUMMARY ( FOR INFORMATION ONLY)
DIRECT DEPOSIT
TAXES
SURVIVOR BENEFIT PLAN (SBP) COVERAGE
DFAS-CL 7220/148 (Rev 03-01)
TAXABLE INCOME: FEDERAL INCOME TAX WITHHELD:
9,540.84 .00
FEDERAL WITHHOLDING STATUS: TOTAL EXEMPTIONS:
SINGLE 05
SBP COVERAGE TYPE: CHILD COST:
CHILD(REN) ONLY 7.22
ANNUITY BASE AMOUNT: 55% ANNUITY AMOUNT: CHILD DOB:
1,443.22 793.77
JUN 16, 1991
THE ANNUITY PAYABLE IS 55% OF YOUR ANNUITY BASE AMOUNT.
ALLOTMENTS AND BONDS
ARREARS OF PAY BENEFICIARY INFORMATION
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)
THE FOLLOWING BENEFICIARIES ARE ON RECORD:
NAME DOE JOHN SR. DOE JANE
SHARE 50.00 50.00
RELATIONSHIP FATHER MOTHER
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
