MILITARY ISSUES IN FAMILY LAW KIMBERLEY KLEIN POWER

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.

–Provides pay charts, forms, and frequently asked questions. Leave and Earnings Statement (LES) – 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 Cost of Living Allowance (COLA) –Overseas is tax free –US is taxable Defense Finance and Accounting Service (DFAS)

BASE PAY BAS BAH FEDERAL TAXES FICA-SOC SECURITY FICA-MEDICARE SGLI AFRH TSP MID-MONTH-PAY DISCRETIONARY ALT DEFENSE FINANCE AND ACCOUNTING SERVICE MILITARY LEAVE AND EARNINGS STATEMENT ID NAME (Last, First, MI) Doe, John SOC. SEC. NO. xxxxxx GRADE E7 PAY DATE YRS SVC 23 ETS BRANCH AF ADSN/DSSN 4027 PERIOD COVERED 1-30 SEP 06 ENTITLEMENTSDEDUCTIONSALLOTMENTSSUMMARY TypeAmountTypeAmountTypeAmount +Amt Fwd.00 ABCDEFGHIJKLMNOABCDEFGHIJKLMNO TOTAL Tot Ent Tot Ded Tot Allt =Net Amt Cr Fwd.00 =EOM Pay DIEMS RETPLAN HIGH 3

LEAVE BF Bal 60.0 Ernd 30.0 Used 27 Cr Bal 63.0 ETS Bal 91.5 Lv Lost.0 Lv Paid 40.0 Use/Lose 3.0 FED TAXES Wage Period Wage YTD M/SSM/SS Ex03Ex03 Add'l Tax.00 Tax YTD DFAS Form 702, Jan 02 FICA TAXES Wage Period Soc Wage YTD Soc Tax YTD Med Wage YTD Med Tax YTD STATE TAXES St IL Wage Period.00 Wage YTD.00 M/S S Ex 01 Tax YTD.00 PAY DATA BAQ Type W/DEP BAQ Depn CHILD VHA Zip Rent Amt Share 1 Stat R JFTRDepns 0 2D JFTRBAS TypeCharity YTD.00 TPCPACIDN THRIFT SAVINGS PLAN (TSP) REMARKS: YTD ENTITLE YTD DEDUCT Base Pay Rate 6 Base Pay Current.00 Spec Pay Rate 0 Spec Pay Current.00 Inc Pay Rate 0 Inc Pay Current.00 Bonus Pay Rate 0 Bonus Pay Current.00 TSP YTD Deductions Deferred 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 -EXCITING OPPORTUNITIES AWAIT! BECOME A CAREER ENLISTED AVIATOR. VISIT VIRTUAL-MPF RETRAINING & 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 OR 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 (252) BAH BASED ON W/DEP, ZIP 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 ITEMOLD NEW ITEMOL D NEW GROSS PAY VA WAIVER SBP COSTS TAXABLE INCOME 1, , ALLOTMENTS/BONDS NET PAY PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES MSG JOHN DOE USAF RET 100 Military Lane SWANSEA IL DFAS-CL POINTS OF CONTACT DEFENSE FINANCE AND ACCOUNTING SERVICE US MILITARY RETIREMENT PAY PO BOX 7130 LONDON KY COMMERCIAL (216) TOLL FREE TOLL FREE FAX myPay

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, 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, 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 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, REFER TO OUR WEB SITE AT 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 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