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Working with the Department of Defense

Working with the Department of Defense. Agenda. Introduction Policy and Procedures (including “practice tips”) Servicemembers Civil Relief Act Stays Default Judgments Defense Finance & Accounting Service Military Pay Statutory Allotments Medical Support. Military’s Organization.

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Working with the Department of Defense

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  1. Working with the Department of Defense Domestic Relations Association of Pennsylvania - October 3, 2005

  2. Agenda • Introduction • Policy and Procedures (including “practice tips”) • Servicemembers Civil Relief Act • Stays • Default Judgments • Defense Finance & Accounting Service • Military Pay • Statutory Allotments • Medical Support

  3. Military’s Organization • 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)

  4. 5.3 Million Strong • 1.4 million active duty • 654,000 civilians • 1.2 million Guard and Reserve • 2.0 million retirees & families receiving benefits America’s largest company

  5. Worldwide Mission • More than 146 countries • Some 473,881 personnel overseas or afloat America’s largest company

  6. In Comparison . . . Budget/ CompanyRevenue*Employees* DoD $371 billion 2,036,000 Wal-Mart 227 billion 1,383,000 ExxonMobil 200 billion 97,900 GM 181 billion 365,000 Ford 160 billion 354,400 America’s largest company

  7. President Secretary of Defense Secretary of the Army Army Chief of Staff Major Command Battalion or Squadron Corps or Large Installation Company, Battery or Troop Division or Installation Brigade or Regiment Platoon Squad Chain of Command

  8. Rank vs. Pay Grade • 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

  9. DoD’s “Periodic Table” Officer = O 10 9 8 7 6 5 4 3 2 1 Enlisted = E Warrant Officer = WO

  10. Department of Defense Policy Parents Are To Be Fiscally Responsible For Their Children

  11. Leave & Liberty • Dep’t of Defense Directive 1327.5 • Mandates the Service member’s commander to grant leave for paternity and support hearings • Exceptions: • Service member is deployed in a war • Exigencies of military service require a denial of such a request.

  12. Service Regulations • Army - AR 608-99 • Air Force - AFI 36-2906 • Navy - SECNAVINST 7431.1 • Marine Corps - Marine Corps Order P5800.16 (LEGADMIN) Ch. 15 • Coast Guard - PERSMAN Chapter 8M

  13. Resources • A Caseworker’s Guide to Support Enforcement and Military Personnel www.acf.dhhs.gov/programs/cse/fct/militaryguide2000.htm

  14. Practice Tips • Need Social Security Number • Follow Chain of Command When Possible • Recognize Commander’s Limitations • Use Military Sources: • Inspector General • Legal Office

  15. Service of Process • Jurisdictional Issue • Personal Service • Service Overseas • http://travel.state.gov/service_general.html

  16. Army: Office of the Judge Advocate General Attn: DAJA-LA 2200 Army Pentagon Washington, D.C. 20310 (703) 588-6708 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

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

  18. The Servicemembers’ Civil Relief Act (SCRA)

  19. HISTORY 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

  20. 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 • to incorporate and codify many years of judicial interpretation of the SSCRA • to update the SSCRA to reflect developments in American life since 1940

  21. A Shield Not A Sword “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)

  22. Who’s Covered? • 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)

  23. What’s Covered? • 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 affect on the enforcement of orders

  24. 6% Rate Cap • 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

  25. Recent Amendments (S.2486) • 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

  26. Stay of Proceedings • 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

  27. Subsequent Stays • 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.

  28. Proper Requests for Stay • 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.

  29. Proper 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.

  30. Default Judgments • Affidavit of military/non-military status • Court-appointed attorney • Availability statement • Service member may reopen default judgment

  31. Default 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.

  32. Default 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

  33. Default 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.

  34. Appointed Counsel • 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

  35. Reopening Default Judgments • 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

  36. Defense Finance & Accounting Service (DFAS)

  37. DFAS Garnishments • Responsibilities • Staffing/Workload • Process Workflow • Systems • Pay Systems

  38. DFAS Responsibilities • 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

  39. DFAS Workload • Orders Processed: FY 2000 136,510 FY 2001 149,032 FY 2002 191,710 FY 2003 216,297 FY 2004 278,553 • Average Monthly Pay Out: $50 - $60 Million 447,450 Active Cases

  40. DFAS Initiatives • 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

  41. DFAS Contacts 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

  42. Military Pay • 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”)

  43. Military 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)

  44. Military 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)

  45. Pay System Addresses Obtain Service Members’ Payroll Informationfrom the Appropriate Military Finance Center Air Force Active Duty, Air Force Reserves & National Guard DFAS Denver Attn: DFAS DE-GA 6760 Irvington Place Denver, CO 80279-8000 Army Active Duty, Army Reserves & Army National Guard DFAS Indianapolis Attn: DFAS IN-FJEF 8899 East 56th Street Indianapolis, IN 46249-0865 Navy Active Duty, Navy Reserves, All Military Retirees DFAS Cleveland Attn: DFAS CL-GAF 1240 East 9th Street Cleveland, OH 44199 Marine Corps Active Duty DFAS Kansas City Kansas City Center (FCRAF) 1500 East 95th Street Kansas City, MO 64197-0001 Marine Corps Reserve Duty DFAS Kansas City Kansas City Center (FPPR) 1500 East 95th Street Kansas City, MO 64197-0001

  46. Statutory Allotments • “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)

  47. Statutory 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

  48. USFSPA Update • 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

  49. USFSPA 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)

  50. Medical Support • All Medical Support Orders for DoD go to DMDC • Must Be Enrolled in DEERS • To Check if Dependent Child is Enrolled DMDC Support Office Attn: CAG 400 Gigling Road Seaside, 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

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