1. SUPPORT OF MILITARY DEPENDENTS
Sullivan & Tanner, P.A.
Raleigh, North Carolina

2. ESTABLISHING PATERNITY
Military: Civil matter to be determined by the courts!
In some cases, a preliminary consideration is the determination of paternity of the child. The various branches are not going to determine paternity and will defer entirely to court orders adjudicating paternity. Paternity must be established by an order of a court, an administrative order, or a formal written acknowledgement by the SM.

3. DoD Policy – Support of Dependents
All SM’s are expected to provide regular and adequate support for their family members
SM’s will not use military service to avoid family support obligations
Each service will publish its own rules for support
No set “military allotment” for support

4. MILITARY FAMILY SUPPORT
Interim Support Regulations
Court Order / Agreement
Interim Support Regulations are the administrative regulations adopted by the military services that state what to do in the absence of a court order or agreement for family support. Each branch has different rules for support of family members. While the DoD policy is that SM will not use military service to avoid their family support obligations, each service implements the DoD policy through it’s own rules and regulations.

5. Unit Command & The “Nonsupport Letter”
One way to raise the issue of nonsupport is to contact the soldier’s immediate commander. The commander’s duty is to counsel the soldier, determine his or her intentions as to support, and respond to the complainant. The commander can also impost sanctions on the solder for nonsupport.
Unit Command & The “Nonsupport Letter”

6. Non-Support Letter Tips
Who’s Your Daddy?
Establishment of Paternity as a Roadblock…
“We have reason to question the legality of this child…”
One of the roadblocks you’ll face is paternity. Mil svcs will not respond affirmatively to nonsupt letter if paternity has not been established… OR, as I one read in a response to a nonsupport letter of my own to a company commander… WE HAVE REASON TO QUESTION THE LEGALITY OF THIS CHILD

7. Non-Support Letter Tips
Use of DETAILS – “Make ‘em weep!”
Point out the costs of delay
Retroactive support
Attorney fees
Damage to credit rating
Give enough details – credible ones – to impress the commander or first sgt
Costs of delay shown here
35K in back due support, reduction to judgment

8. Base pay -
Military base pay by rank and TIS (Time in Service - every 2 years)
DFAS website: Go to “Military Members”
Read Slide
**Note, its important not to use just federal and state tax returns to obtain pay information because some entitles are tax-free.

9. Allowances: Amt increases with rank
BAH: Basic Allowance for Housing
BAS: Basic Allowance for Subsistence
BAH – this is a military housing allowance based on the Sm’s geographic duty location, pay grade, and dependency status. Thus, Sms holding the same rank receive different amounts of BAH due to their duty locations. Various kinds of BAH; BAH-With; BAH-WITHOUT; BAH-DIFF (for member who is assigned to single-type quarters (barracks) and who is authorized a basic housing allowance based on the member's payment of child support.
BAS is meant to offset costs for a member's meals. This allowance is based in the historic origins of the military in which the military provided room and board (or rations) as part of a member's pay.

10. The United States Army
Army Regulation : Solder must provide support equal to the full BAH (RC/T) at the with-dependents rate.
A unit commander is the prime mover behind the Army support regulations. The commander must become involved when the parties have not agreed on support BUT the commander’s duty does not arise until he orshe has been notified that the SM is not provided adequate support.

11. Air Force Policy Support is a “civil matter” Get a court order!
Air Force policy is the easiest. Nonsupport is strictly a civil matter – get a lawyer, see the judge… it’s not OUR business.
While the Air Force does advise its personnel that they are expected to provide adequate financial support to family members, there is no guideline as to what is considered adequate.
Important to remember that if a member of the AF receives BAH at the with-dependents rate based on dependents that he/she is refusing to support, then the BAH will terminated and the AF will recoup the BAH with-dependent rate for the periods of non-support.

12. The U.S. Marine Corps Total # of Family Members Entitled To Support
Min. Amt. of Monthly Supt. per Requesting Fam. Member
Share of Monthly BAH/OHA per Requesting Fam. Member 1
$350
1/2 2
$286
1/3 3
$233
1/4 4
$200
1/5 5
$174
1/6
6 or more
$152
1/7 or etc.
This is the support regulation table for the Marines. The member involved shall pay the greater of either the fixed amount of support for the requesting family member or the fraction of the BAH based on the total number of eligible family members.
A Marine can be punished under the Uniform Code of Military Justice in a court-martial for vilating the interim support regulations.
Note – a commanding officer has the discretion to reduce or eliminate the interim financial support standards if certain criteria are met. For example, the gross income of the complaining spouse exceeds the military pay of the Marine; interim support has been provided for an uninterrupted period of 12 months; the marine was a victim of substantiated abuse by the spouse seeking support, or the marine is “paying regular and recurring obligations such as rent or consumer debts of the family members requesting support or sufficient magnitude and duration as to justify a reduction or elimination of interim support.”

13. Navy Rules
Spouse only: 1/3 of gross pay; Spouse and one minor child: 1/2 of gross pay; Spouse and two or more children: 3/5 of gross pay; Spouse and four or more children: >3/5 of gross pay; One minor child (no spousal support): 1/6 of gross pay; Two minor children (no spousal support): 1/4 of gross pay; and Three minor children (no spousal support): 1/3 of gross pay.
And here’s the list for Navy – gross pay includes base pay and BAH but does not include BAS, hazardous duty pay, sea or foreign duty pay, or incentive pay.

14. Coast Guard Regulations
Spouse only: BAH difference plus 20% of base pay; Spouse and one minor child: BAH difference plus 25% of base pay; Spouse and two or more minor children: BAH difference plus 30% of base pay; One minor child: 16.7% (1/6) of base pay; Two minor children: 25% (1/4) of base pay; and Three or more minor children: 33% (1/3) of base pay.
And for the Coast Guard- can also be court maritaled for failure to obey support. Defense to nonsupport of spouse includes infidelity or desertion. Defense of nonsupport of child is the inability of the SM to ascertain the location and welfare of the child.

15. Military Pay
When dealing with the military it is important to understand some basics about military pay. And some terminology.
First determine what is INCOME. Start out with ALL compensation, taxable & not, temporary and otherwise.

16. BAH & BAS -
These two allowances are non-taxable
All compensation in a combat zone is non-taxable
Keep in mind that some compensation is not subject to tax; we’ll deal with that in a minute or two…

17. Bonuses (lump sum, usually for re-enlisting)
Special Skills Pay:
flight pay
hazardous duty
sea, submarine duty
etc.
Bonuses (lump sum, usually for re-enlisting)
Can any of you think of any other types of pay that may be considered in determining income for a member of the uniformed services? Hint - what about certain professional categories? The services routinely pay certain professionals such as doctors increased stipends.
Other pays
To help you better understand how these pay and compensation items fit into the picture we will look at how to read a LES.

18. How to Read an LES [Leave-and-Earnings Statement]
A Short Course in…
How to Read an LES
[Leave-and-Earnings Statement]
How to read an LES

19. Leave-and-Earning Statement
Q. What do I need to have to determine how much Major Smith is earning?
A. First of all get copies of his monthly pay statements, called Leave-and-Earnings Statements or LES’s.

20. Leave-and-Earning Statement
Base Pay + BAS + BAH
= Total Entitlements
These show total gross income as well as other useful data.

21. Leave-and-Earning Statement Discretionary Allotments
CAREFULLY REVIEW HIS ALLOTMENT DEDUCTIONS– this can be used for elective payments such as the mortgage, car payments, savings plan etc.

22. Leave-and-Earning Statement
Used and unused LEAVE
Also pay close attention to the following:
>How much leave the member has accrued--is an SCRA delay really needed?

23. Leave-and-Earning Statement State of Residence for Tax Purposes
What state the member claims as domicile for income tax purposes--may help establish jurisdiction.

24. Leave-and-Earning Statement
Number of
Exemptions
>How many dependents are being claimed for income tax purposes.

25. Leave-and-Earning Statement
Total Income
= $6,091.86
Taxable Wages
= $4,566.60
Difference
= $1,525.26
= BAS, BAH
While tax returns may be helpful in discovering other income, don’t use them to look for military entitlements -- many of them are tax-free.
How to read an LES – in yr materials

26. Other Considerations “In-kind” income
Combat zone/hazardous duty location
“Gross up” income
𝑻𝒂𝒙𝒂𝒃𝒍𝒆 𝑬𝒒𝒖𝒊𝒗𝒂𝒍𝒆𝒏𝒕= 𝑴𝒊𝒍𝒊𝒕𝒂𝒓𝒚 𝑵𝒐𝒏𝒕𝒂𝒙𝒂𝒃𝒍𝒆 𝑨𝒍𝒍𝒐𝒘𝒂𝒏𝒄𝒆 𝟏−(𝒔𝒖𝒎 𝒐𝒇 𝒕𝒂𝒙 𝒓𝒂𝒕𝒆𝒔)
𝑩𝒂𝒌𝒆 𝒓 ′ 𝒔 𝑻𝒂𝒙𝒂𝒃𝒍𝒆 𝑬𝒒𝒖𝒊𝒗𝒂𝒍𝒆𝒏𝒕= $𝟏𝟎𝟔𝟎 𝟏−(.𝟏𝟓+.𝟎𝟕) = $𝟏𝟎𝟔𝟎 𝟏−.𝟐𝟐
= $𝟏𝟎𝟔𝟎 .𝟕𝟖 =$𝟏,𝟑𝟓𝟖.𝟗𝟕
In-kind income – this would be an example of the solider who lives on base so he is receiving “in-kind” compensation in the form of his housing. If he is in the barracks then he is likely receiving free meals or meals at a reduced cost.
Grossing up the income – this is the argument in which the soldier is receiving tax-free allowances or pay but the state child support guideline assume that all income is taxable. To find the equivalent taxable income for the solider you would divide the nontaxable income by one, less the combined tax rates (expressed as a decimal). You would then add that amount to account for the nontaxable status.
Assume that the support payor is SGT Baker, who earns $800 BAH and $260 BAS.
2.Assume further that he is in the 15 percent federal and seven percent state tax bracket and that the applicable state guidelines assume that all income is taxable.
3.To find out the equivalent taxable income for SGT Baker, divide the $1,060 nontaxable income by one, less the combined tax rates (expressed as a decimal). Here’s how this would look for SGT Baker:
4. Thus, instead of adding $1,060 to SGT Baker’s taxable base pay, we would add about $1,359 to account for the nontaxable status of the BAH and BAS.

27. Obtaining Government Documents
Leave & Earnings Statement
Retiree Account Statement
Disability rating decision letters from Dept VA
VA Disability Pay & CRDP
CRSC Statement

28. Step 1… Ask Your Client!
When you’re looking to obtain documents, first step might be to ask the customer/client
Copy of LES?

29. Discovery – Rule 34, Request for Production of Documents
Getting Documents
Discovery – Rule 34, Request for Production of Documents
Use of document request, respond on designated date, time
What if Sgt John Doe says he doesn’t HAVE the LES?

30. https://myPay.dfas.mil Login ID--> Password-->
You can always go to secure DFAS website – even in courtroorm Or sit down with his atty and explain to him/her…

31. Release
Know ye men, by these presents, that King Henry VII of Merrie Olde England hereby proclaims Geoffrey Fyfe of the Shire of Nottingham, County of Bucks, to be honored by the award of KNIGHTHOOD this __ day of July, in the year of our Lord, Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah, blah Blah, blah, blah, blah,
Our office has a standard release and authorization form which we ask the SM to sign to allow us to obtain the necessary documents, whether they are out client or opposing. Of course if they will get the documents then it’s not an issue. Be sure when using a release that you direct it to the appropriate government agency. Don’t put Army Human Resources Command if you are dealing with a servicemember in the Air Force.
It’s also very important to determine what all you need prior to having the member sign the release.

32. Issuing a subpoena… This will lead right to a roadblock
DFAS will response to a written request in the form of a subpoena for information regarding the pay of military personnel. This includes a printout of pay information for up to 2 years as well as the individual LES’s. However, the subpoena must be signed by a state or federal judge. It must include the SM’s name and SSN. Depending on what branch you are seeking will depend on where you send the subpoena. For example, the army is DFAS Indianapolis and the Marines is DFAS Kansas City.

33. Discovery Request to Government
> 5 CFR §
>RPDS
>Interrogatories
>Leave plenty of time!
That is the statue found in the Code of Federal Regulation which deals with the response to legal process and interrogatories. It is very important that you do not wait until the last minute to try to obtain these records. Given that there is no one single department where all military records are kept it can be somewhat of a hunting exercise in find the entity you need. Additionally, once you find the entity they are typically backlogged.

34. Finance Centers
Army
DFAS Indianapolis Center
8899 East 56th Street
Indianapolis, IN
Finance centers are where the actual checks or electronic transfers originate. The Defense Finance and Accounting Service (DFAS) is the clearing house for all wage withholding actions DOD-wide.*
* The exception is the U.S. Coast Guard which normally operates under the U.S. Department of Homeland Security.
Navy
DFAS Cleveland Center
Records Retrieval
1240 E. 9th St.
Cleveland, OH
Air Force
DFAS Denver Center
6760 E. Irvington Place
Denver, CO
Coast Guard
Commanding Officer
Coast Guard Human Resource
Service and Information Center
444 S.E. Quincy
Topeka, KS
Marine Corps
DFAS Kansas City Center
1500 East 95th Street
Kansas City, MO

35. Resources… DFAS Department of Veterans Affairs
National Personnel Records Center
If the NPRC doesn’t have the records you are looking for, they are typically pretty good about forwarding the request to the department or agency that they believe would have the information.

36. SCRA: THE BASICS WHO? WHEN? WHY? WHAT?
All active duty SMs and guard/reserve who care called to active duty for 30 days or more
WHEN?
Passed 19 DEC 2003
WHY?
Enable SMs to devote their entire energy to the defense needs of the Nation
WHAT?
Protect against Default
Stay of Proceedings

37. Reopening Default… SM can reopen a default judgment if:
Entered when SM was on active duty or within 60 days thereafter
SM applies for relief while on active duty or within 90 days of leaving active duty
SM proves that at the time the judgment was rendered, he was prejudiced in his ability to defend himself due to military service, AND
There is a meritorious or legal defense to the initial claim

38. How do I default a SM?
SCRA affidavit swearing the SM is/is not in the military
Court MUST appoint an attorney
If the attorney can’t reach the SM, mandatory 90 day stay of proceeding

39. Stay of Proceedings
90 Day MANDATORY stay of proceedings if the SM files a proper request:
A statement as to how the SM’s current military duties materially affect his or her ability to appear;
A statement of a date when the SMwill be available to appear;
A statement from the SM’s commanding officer that the SM’s current military duty prevents his or her appearance; and
A statement that military leave is not authorized for the SM at the time of the statement.

40. Defending Against a Stay
Non-moving party is entitled to an opportunity to be heard in determining whether the SM’s military duties materially affect his/her ability to appear
Discovery re: nature and effect of military service
Get a copy of LES – accrued leave?
Ask Judge to require a detailed statement

41. Medical Support
Medical coverage for family members of service members. In recent years, this has become one of the most frequently used and discussed aspects of support coverage within the CS enforcement community.

42. Health insurance coverage: TRICARE (www.tricare.mil)
TRICARE is cost share medical coverage with civilian health care providers. Getting care from a uniformed service hospital or clinic when available saves money and paperwork. Military bases have health benefits advisors to assist custodial parents on medical choices and options. TRICARE uses the term “shared” rather than covered because the cost is shared by the beneficiary after an annual deductible cost is satisfied. Claims to TRICARE can be submitted up to a year after treatment. Entitlement to DOD medical benefits is determined by either the child’s date of birth, or the date(s) of the military sponsor’s military service, not the DEERS enrollment date. A TRICARE handbook explaining coverage is available on the Tricare website

43. Enrollment into DEERS
In order to be eligible for TRICARE benefits every individual must first enroll in DEERS.
DEERS stands for the Defense Enrollment Eligibility Reporting System
DEERS is a DoD database which contains personnel and medical data.
Former spouses can contact a military personnel office to verify TRICARE eligibility.
Enroll them in DEERS - Defense Enrollment Eligibility Reporting System - database that keeps all information.
Custodial parent can do it at a local military installation with personnel office

44. Documents needed to enroll
Birth Certificate,
Paternity determination
Support order
Newborns are the exception to the enrollment rule in that they are eligible from birth through their first birthday with various exceptions.
Birth certificate
Paternity determined
support order
The personnel clerks the service member is dealing with are not lawyers - they have a checklist - they don’t necessarily understand an administrative order has the same force and effect of a court order. Send a letter with the statute stating that or get the JAG involved.
For 60 days after birth a newborn is covered under TRICARE Prime as long as on additional member is already enrolled in TRICARE Prime.
From 61 to 365 days, if the child isn’t registered in DEERS, any claims submitted are processed under Tricare Standard option, which has higher out of pocket expenses

45. Use of military clinics and hospitals (no cost)
Once enrolled in DEERS the family member can use a military treatment facility

46. FORMER SPOUSE TRICARE OPTIONS
20/20/20 Unremarried Former Spouse
20 yr Marriage + 20 yr Mil Svs + 20 yr overlap
20/20/15 Unremarried Former Spouse
20 yr Marriage + 20 yr Mil Svs + 15 yr overlap
Resources
Ch 3, AFI _IP, June 2009
Former Spouse Determination Program
20/20/20 – entitled to full military medical care, if not enrolled in an employer-sponsored health plan. Also entitled to commissary and exchange privileges.
20/20/15 – length of entitled to full military medical care, including TRICARE, is dependent on date of divorce. If after April 1, 1985 then the spouse is entitled to full military medical care for a period of one year from the date of divorce. No other benefits or privileges are available.
It’s important to remember these are statutory entitlements; they belong to the non-military spouse if he or she meets the requirements of federal law. They are not terms to be given or taken away by the SM.

47. Children’s Medical Coverage
Family members of SM’s on active duty are eligible for TRICARE
A child over 10 will have a military dependent ID card issued
Private plan and TRICARE
TRICARE Prime (no enrollement fees, no co-payments for authorized medical treatment and prescription drugs, and no deductibles), TRICARE Extra (annual deductible and 15% cost-share of negotiated costs), and TRICARE Standard (annual deductible and 20% cost-share of allowed charges).
Once the family is “separated,” the custody parent can start the process by mail and then come to the military to sign the final documents. With a child over 10, a military dependent ID card will be issued, and the child’s picture will be taken. Not always easy, sometimes the SM tries to make this a difficult process.
If both parent’s are working there is likely “double coverage by TRICARE and an employer-sponsored plan. It’s important with double coverage that the parents coordinate the payment of bills and claims for the children. The private plan must always be used first because TRICARE is always considered the second carrier.

48. CHCBP CONTINUED HEALTH CARE BENEFIT PROGRAM
NOT TRICARE BUT SAME COVERAGE AS TRICARE STANDARD
$150 annual deductible; 75/25 copay; $3000 cap; TRICARE Pharmacy Benefits
LIKE A CONVERSION OR COBRA POLICY
Typically the former spouse can get coverage for 36 months after the date of which the divorce is entered or the date the one-year extension of dependency for spouses who have 20/20/15 expires. Premiums must be paid three months in advance.
Spouse can also obtain indefinite coverage is he or she meets certain requirements:
Entitled to share of the SM’s pension or SBP
May not be remarried if under 55
Must pay quarterly advance premiums; and
Meet deadlines for initial application.

49. Life Insurance Ridgeway v. Ridgway (USSC 1981): Don’t rely on SGLI!
This is a 1981 Supreme Court case that states a SM may choose whichever life insurance beneficiary he or she desires, regardless of court orders or separation agreements. So be sure not to include SGLI as the method of funding a child support death benefit. The best way to protect your client is by ensuring there is other life insurance owned by the noncustodial parent.

50. ENFORCEMENT
Garnishment: Federal Law (42 U.S.C.§ 659) authorizes garnishment of military pay and USFSPA authorizes garnishment of military retired pay
MUST HAVE A ORDER FOR GARNISHMENT
Send to pay center with identifying info
Only base pay in most cases
Usually limited to 55% of base pay
Involuntary Allotment
Easier because you only need a support order
Usually more money available
SM must be 2 months in arrears
Send support order to DFAS
Includes allowances (BAH, BAS)
Usually 60-65% of total pay