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MILITARY ISSUES IN FAMILY LAW

MILITARY ISSUES IN FAMILY LAW. KIMBERLEY KLEIN POWER power.law@att.net. 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.

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MILITARY ISSUES IN FAMILY LAW

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  1. MILITARY ISSUES IN FAMILY LAW KIMBERLEY KLEIN POWER power.law@att.net

  2. 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.

  3. 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.

  4. Defense Finance and Accounting Service (DFAS) • 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

  5. BASE PAY BAS BAH 3732.60272.261207.00 FEDERAL TAXES FICA-SOC SECURITYFICA-MEDICARE SGLI AFRH TSP MID-MONTH-PAY 338.80231.4254.1229.00.50223.962042.28 DISCRETIONARY ALT 250.00

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