Office of Child Support Training September 2007
Rod Winn, DFAS Garnishment Operations
Lt Col. Tom Williams, DoD Personnel & Readiness, Legal Policy
DoD Policy
Parents
Are To Be
Fiscally Responsible
For Their Children
Service Regulations
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
Military Locator
Army Active Duty:
Army Worldwide Locator
8899 E. 56th Street
Indianapolis, IN 46249-5301
1-866-771-6357 |
Navy:
Worldwide Locator
Bureau of Naval Personnel
(PERS 312)
5720 Integrity Drive
Millington, TN 38055-3120
(901) 874-3388 |
Army Reserve:
Commander
ARPERCEN
9700 Page Blvd
St. Louis, MO 63132
(314) 538-3777
|
Air Force:
Headquarters ARMPC/RMIQL
550 C. St. West, Suite 50
Randolph AFB, TX 78150-4752
(210) 565-2660
Military Locator |
Military Locator
Marine Corps:
Headquarters, USMC
Code MMSB-10
2008 Elliot Road, Room 201
Quantico, VA 22134-5030
(703) 640-3942 |
Coast Guard:
US Coast Guard
Personnel Command
2100 2nd St. W
Washington, DC 20593
(202) 267-1340
fax (202) 267-4985
|
Facilitating Service of Process
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
valign="top"Marine Corps:
Paralegal Specialist
Headquarters, US Marine Corps
(JAR)
2 Navy Annex
Quantico, VA 22134
(703) 614-3880 |
U.S. Air Force:
AFLSA/JACA
1420 Air Force Pentagon
Washington, D.C. 20330-1420
(703) 697-0413
|
Servicemembers' Civil Relief Act (SCRA)
Time for a Change
"Congress has long recognized that the men and women of our military services should have civil legal
protections so they can "devote their entire energy to the defense needs of the Nation." With hundreds
of thousands of servicemembers fighting in the war on terrorism and the war in Iraq, many of them mobilized
from the reserve components, the Committee believes the Soldiers' and Sailors' Civil Relief Act (SSCRA)
should be restated and strengthened to ensure that its protections meet their needs in the 21st century."
House Committee on Veterans Affairs Report 108 H. Rpt. 81
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
A Shield, Not a Sword
Although the Act should be read liberally and afford generous protection to the Service member
(see Le Maistre v. Leffers 333 US 1 (1948)), the protection does have its limits.
Scope of the SCRA
- Who is Covered:
- Active Military
- Army, Navy, Air Force, Marine Corps, 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., leases terminations)
Proceedings/Orders Covered by SCRA
- 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 effect on the enforcement of orders
Automatic Stays
- As a general rule, the court must grant an initial stay of proceeding for no
less than 90 days if properly requested by the Service member (plaintiff or defendant).
Rationale:With delayed mail delivery and diminished opportunities to consult with
legal counsel so common to military service, a period of time is needed to allow an adequate
opportunity for servicemembers to consult with military or civilian counsel, and to respond
to the courts.
Member Request for Stay
- Two-fold request:
- Communication from the service member:
- Setting forth facts in which current military duty requirements materially
affect his/her ability to appear
- Stating a date when the Service member will be available to appear
- Letter from the Service member's commanding officer affirming the following:
- Service member's military duty prevents an appearance
- Military leave is not authorized for the Service member at the time of the letter
- If this letter contains the Service member's available court dates,
the court may deem the letter sufficient to pass the two-fold test.
DOD Instruction 1327.6 - Leave & Liberty
- Mandates that Service member's commander grant leave for paternity and support hearings.
- Exceptions:
- Service member is deployed in a war
- Exigencies of military service require denial of such a request
Subsequent Request for Stay of Action
- Court has the discretion to grant or deny the stay
- If the court denies the stay, it must appoint an attorney to represent the Service member
Effect of Request on Member's Trial
- Application for a stay under §522 does not constitute an appearance for
jurisdictional purposes and does not constitute a waiver of any substantive or procedural
defense (including a defense relating to lack of personal jurisdiction).
SCRA and Default Judgments
- When a defendant does not appear in court or respond to Agency summons, the SCRA requires:
- A sworn Affidavit by the plaintiff
- stating whether or not the defendant is in military service and
showing necessary facts to support the affidavit; or
- stating that the plaintiff is unable to determine whether or not the
defendant is in military service.
- Consequences of failing to file an affidavit
- A non-Service member defendant has no remedy.
- If the defendant is a Service member, then the order can be voided and is
subject to attack upon a showing that the Service member
- is materially affected by reason of military service in
making a defense to the action; and
- has a meritorious or legal defense to all or part of the action.
SCRA and 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.
Appointed Counsel
- When defendant is a Service member, 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
SCRA and Default Judgments
- SCRA default guidance 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, etc.
SCRA and Default Judgments
SCRA and Default Judgments
- If the Service member is on active duty, this is what you'll see:
(image)
Notes:
- The Defense Manpower Data Center (DMDC) is an organization of the Department
of Defense that maintains the Defense Enrollment and Eligibility Reporting System
(DEERS) database which is the official source of data on eligibility for military
medical care and other eligibility systems.
- The Department of Defense strongly supports the enforcement of the Servicemembers
Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers'
and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of
"does not possess any information indicating that the individual is currently on active
duty" responses, and has experienced a small error rate. In the event the individual
referenced above, or any family member, friend, or representative asserts in any manner
that the individual is on active duty, or is otherwise entitled to the protections of the
SCRA, you are strongly encouraged to obtain further verification of the person's active
duty status by contacting that person's Military Service via the "defenselink.mil" URL
provided below. If you have evidence the person is on active-duty and you fail to obtain this
additional Military Service verification, provisions of the SCRA may be invoked against you.
- If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB,
a middle name), you can submit your request again at this Web site and we will provide a new
certificate for that query.
- This response reflects current active duty status only. For historical information,
please contact the Military Service SCRA points-of-contact.
See:
http://www.defenselink.mil/faq/pis/PC09SLDR.html
- WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
SCRA and Default Judgments
- If the Service member is NOT on active duty, this is what you'll see: (image)
Notes:
- The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
- The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief
Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief
Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating
that the individual is currently on active duty" responses, and has experienced a small error rate.
In the event the individual referenced above, or any family member, friend, or representative
asserts in any manner that the individual is on active duty, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the
person's active duty status by contacting that person's Military Service via the "defenselink.mil"
URL provided below. If you have evidence the person is on active-duty and you fail to obtain this
additional Military Service verification, provisions of the SCRA may be invoked against you.
- If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB,
a middle name), you can submit your request again at this Web site and we will provide a new
certificate for that query.
- This response reflects current active duty status only. For historical information, please
contact the Military Service SCRA points-of-contact.
See:
http://www.defenselink.mil/faq/pis/PC09SLDR.html
- WARNING: This certificate was provided based on a name and Social Security number (SSN)
provided by the requester. Providing an erroneous name or SSN will cause an erroneous
certificate to be provided.
Reopening a Default Judgment
- Service member can request court to re-open judgment any time during Service member's period of
military service
- Service member/attorney can also file an application to re-open within 90 days of the end of
military service
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 to active duty
- Material affect analysis applies
- Under SCRA, Service member must request the cap and produce orders
Recent SCRA Amendments
2004:
- Amended 50 USC App §511 to broaden the term "judgment" to include any judgment, decree,
order or ruling-final or temporary.
- Required waivers of SCRA rights to be in separate documents using at least 12 point type.
- Made the stay provisions of 50 USC App §202 available to plaintiffs as well as defendants.
- Clarified that lease termination protections of 50 USC App §535 apply to spouses of Service
members, too.
2006:
- Amended 50 USC App §594 to insulate Service members from health insurance premium
increases other than those of general applicability.
Contact Information
Send garnishment orders to:
DFAS-DGG/CL
P O Box 998002
Cleveland, OH 44199-8002
Fax: 1-877-622-5930
Customer Service: 1-866-859-1845
Website: http://www.dfas.mil and click on garnishment
Locate Issues and VOE'S
- The Information is Contained in the Quarterly Wage & New Hire Reports - these include
all pays the member received for the quarter
- Ask State Child Support Office for DoD External Locate Requests -
sent from the state to DMDC
- Active duty/unit duty address
- Reserves-unit/duty address
- Retired-home address
- Contact your state technical support liaison listed on ACF
website under new hire contacts
- Use of subpoena is cumbersome for states & puts heavy burden on DFAS
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)
Military Pay
Special Skills Pays
- Flight pay
- Hazardous duty pay
- Career Sea pay
- Submarine duty pay
- Jump Pay
- Many Others
- The quarterly wage report provided to NDNH includes all income received by a military person
- A detailed list of those pays can be found in the DFAS Quick Guide
(See DFAS web site under child support agencies' information)
Bonuses
- Lump-sum, Usually for Re-enlisting
Pay System Address
Obtain Service Members' Payroll Information from 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
|
Navy Active Duty, Navy Reserves, All Military Retirees
DFAS Cleveland
Attn: DFAS CL-GAF
1240 East 9th Street
Cleveland, OH 44199
|
Army Active Duty, Army Reserves & Army National Guard
DFAS Indianapolis
Attn: DFAS IN-FJEF
8899 East 56th Street
Indianapolis, IN 46249-0865
|
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
|
Legal Process
The Laws We Use:
- Child Support/Alimony
- Statutory Involuntary Allotments - 42 USC 665, 32 CFR 54
- Garnishments - 42 USC 659, 5 CFR 581
- Commercial Debt - Civilian/Military
- Civilian - 5 USC 5520a, 5 CFR 582
- Military - 5 USC 5520a, 32 CFR 112, 113
- Uniformed Services Former Spouses' Protection Act
- 10 USC 1408, DoDFMR Vol 7B, Chap 29
- Consumer Credit Protection Act - 15 USC 1673
- Servicemembers' Civil Relief Act - 50 USC App. 501 Et seq.
Child Support
- Use Income Withholding Orders (IWO) under 42 U.S.C. §659 or statutory allotment under 42 U.S.C. §665
- IWO quicker and more easily processed
- IWO can also be sent electronically through OCSE network
- Allocation - When we receive a second or subsequent order and the member's disposable
pay is insufficient to pay all ordered amounts, we must allocate payments between the orders
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)
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
USFSPA Update
- Stringent Legal Requirements for Direct Payment
- Final Order From Court of Competent Jurisdiction
- 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 Update
Other Considerations
- Maximum Payment:
- 50% of Disposable Pay
- If Combined with Garnishment Order - 65% Maximum
- Order Should Award Fixed Amount or Percentage
- Can apply for current child support and alimony without an IWO
- Can apply for child support arrears
Medical Support From Military
- OCSE works with the states on a FCR and DOD Medical coverage match- First match December 2005
- Provided on a Quarterly Basis
- Objectives to identify children currently enrolled in DEERS
- Eliminates the need to send NMSN to DMDC-get info faster
- Use automated match for Active < reserves and Retired Military
- Civilians- no change-Human resource address on New hire and Quarterly wage records
- Enrollment -
- Nearest location 1-800-538-9552 or web site
- http://www.dmdc.osd.mil/rsl/owa/home--RAPID's address
- Need name & SSN of obligor plus name, SSN and date of birth of child
Medical Support From Military
- TRICARE Enrollment for Children Born Out of Wedlock
- 10 USC §1072(6) excludes children born out of wedlock from those eligible
for health care enrollment.
- Miller v. Laird, 349 F. Supp. 1034 (D.D.C. 1972), permanently
enjoined the Defense Department from excluding out of wedlock births from
health care eligibility where the child's "paternity has been judicially
determined."
- Effort to amend 10 USC §1072 and allow the Defense Department to treat out of
wedlock children as we do for other allowances (see, e.g., 37 USC §401) was
not successful.
- Working with OCSE to modify DoD policy. New policy (yet to be published) will
allow VAP (vice judicial order) for out of wedlock births.
Medical Support - Military Personnel
- For Children already enrolled; annotate the case and ensure medical support is in the order
- For cases where one parent is in the military, but child is not enrolled-refer the
CP to the nearest RAPIDS Center
- Current OCSE Project Plan;
- Child eligible but not enrolled-automated letter to CP with enrollment instructions
- Child covered- but no insurance record-system updates automatically
Medical Support for Civilians
Dept of Energy-DOE payroll,
19901 Germantown Rd
Germantown MD 20874-1290
Dept of HHS- DHHS payroll Support Division,
PO BOX 14950,
Silver Spring, MD 20911
Dept of EPA-USEPA/OARM/OHR/3661A,
Room B324H,
1200 Pennsylvania Ave, NW
Washington DC 20460
|
Giving Hope and Support to America's Children