Eastern Regional Interstate Child Support Association Annual Training

Eastern Regional Interstate Child Support Association Annual Training Conference The Growing Military/Veteran Caseload - What to Expect and Where to Get Help Defense Finance and Accounting Service Scott W. Lafferty Deputy Assistant General Counsel Deputy Director, Garnishment Operations May 20, 2014 Integrity - Service - Innovation

Do. D Policy Parents Are To Be Fiscally Responsible For Their Children 3/18/2018 Integrity - Service - Innovation 2

Service Regulations » Army - AR 608 -99 » Air Force - AFI 36 -2906 » Navy – MILPERSMAN 1754. 030 » Marine Corps - Marine Corps Order P 5800. 16 A, Chapter 15, LEGADMINMAN » Coast Guard – COMDTIST M 1600. 2, Chap 2. E. 3/18/2018 Integrity - Service - Innovation 3

“MILITARY” STATUS » KNOW THE DIFFERENCE BETWEEN ü Active Duty ü Reserve ü National Guard ü Retirees of Above ü Veteran • Receiving Benefits or Not • Medical, Pension ü Dependents of Military Member/Veteran 3/18/2018 Integrity - Service - Innovation 4

Military Status (cont’d) » Military can mean: ü Active Duty - Army, AF, Navy, Marines, Coast Guard ü Reserve • Active (Title 10) • Training • Inactive ü National Guard • Active or in “Federal Status” (Title 10) • Mobilized for emergency (Title 32) • Training ü Retiree • Receiving Pay – Active Duty v. Reserve and Guard • Disability Retiree • Medical Benefits – From TRICARE ü Veteran – Someone who served in the military • May or may not receive Payments or Services fm DVA • Can receive medical or other benefits fm DVA and not disability comp ü Dependents of the above (AD, Reserve, Guard, Retiree, Vet) 3/18/2018 Integrity - Service - Innovation 5

Locate Issues and VOE’S » Employment information contained in the Quarterly Wage & New Hire Reports ─ these include all pays the member received for the quarter Federal Parent Locator Service: http: //www. acf. hhs. gov/programs/cse/newhire/ndnh. htm » Ask State Child Support Office for Do. D External Locate Requests ─ sent from the state to DMDC ü Active duty/unit duty address ü Reserves/Guard-unit/duty address ü Retired-home address ü 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. 3/18/2018 Integrity - Service - Innovation 6

Military Locator Do. D Knowledge Base: Web Link: https: //kb. defense. gov/app/answers /detail/a_id/344/~/locating-servicemembers-or-getting-a-mailingaddress General info for locating military mbrs Army: Commander, Army Human Resources Command 1600 Spearhead Div. Ave Fort Knox, Kentucky 40122 1 -888 -276 -9472 Navy: Navy Personnel Command (PERS 312) 5720 Integrity Drive Millington, TN 38055 -3120 (901) 874 -3388 fax (901) 874 -2000 Air Force: HQ/AFPC/DPDXIDL 550 C. St. West, Suite 50 Randolph AFB, TX 78150 -4752 (210) 565 -2660 (210) 565 -1675 For subpoenas: usarmy. knox. hrc. mbx. foia@mail. com 3/18/2018 Integrity - Service - Innovation 7

Military Locator (Cont’d) Coast Guard: Marine Corps: HQMC – MMSB -17 2008 Elliot Road, Room 203 Quantico, VA 22134 -5030 (703) 784 -3941 www. mmsb. usmc. mil 703 -784 -3941/42/43 3/18/2018 Commander US Coast Guard - PSC 4200 Wilson Blvd, Suite 1100 Arlington, VA 20598 (202) 493 -1684 fax (202) 493 -1676 Mr. Maldonado Marvin. I. Maldonado@uscg. mil Integrity - Service - Innovation 8

Personal Jurisdiction over Military Members » Physical Residence ü Place where member actually resides ü Not generally the same as domicile » Domicile ü Usually place of legal residence when member enters service ü May be shown on LES, but that can change ü Based on intent » Long Arm Statutes - Minimum Contacts ü Means for a court or an administrative tribunal to exercise personal jurisdiction ü Uniform Interstate Family Support Act (UIFSA) – All states adopted ü Basis for obtaining personal jurisdiction over a nonresident military member –E. g. Mbr resided in forum with child 3/18/2018 Integrity - Service - Innovation 9

Service of Process » Due Process under the U. S. Const. requires notice of proceedings for Court to obtain personal jurisdiction » Military Regulations on Service of Process ü Army – 32 Code of Federal Regulations (CFR) §§ 516. 10 and 516. 12 ü Navy and Marine Corps 32 CFR § 720. 20 ü Coast Guard Regulation – M 5810. 1 D » Personal Service – Member Stateside - not on Installation ü Voluntary acceptance ü Mail ü Personal service by civilian authority 3/18/2018 Integrity - Service - Innovation 10

Service of Process (cont’d) » Service on a Military Installation ü Type of Installation • Open base - no special permits required • Closed base – checkpoints special ID or need to enter ü Type of Jurisdiction on Base – • Subject to reasonable restrictions by Installation Commander • Exclusive Federal jurisdiction – no right to serve state process; commander or supervisor determines voluntary acceptance • Partial or concurrent Federal/State Jurisdiction – state reserves right to serve process on installation per state law • See 32 C. F. R. § 516. 10(d) • Proprietary – same as concurrent • Contact installation legal office for assistance, determine local procedures • NAVY: 32 C. F. R. § 720. 20(a)(1) & (2) – Service on Navy installation requires commanding officer’s consent 3/18/2018 Integrity - Service - Innovation 11

Facilitating Service of Process » Executive Order 12953 - 5 CFR Part 581, App. B ü Requires designation of agents to facilitate service of process ü KEY: Officials not responsible for actual service; will not accept requests for service of process Army: Chief, Legal Assistance Policy Division, DAJA-LA, 2200 Army Pentagon, Room 3 B 548, Washington, D. C. 20310 -2200 (571) 256 -7865 Air Force: Community Legal Services, Legal Issues Division (AFLOA/CLSL), 1500 W. Perimeter Road, Ste 3750, Joint Base Andrews NAF Washington, MD 20762 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 Marine Corps: Paralegal Specialist, Headquarters, US Marine Corps (JAR) 2 Navy Annex, Quantico, VA 22134 (703) 614 -3800 3/18/2018 Integrity - Service - Innovation 12

Service of Process - Overseas » Service Overseas ü Laws of host nation ü Status of Forces Agreements (So. FAs) ü Treaty or Convention • Hague Convention • Inter-American Convention ü Military Service Guidance on Service Overseas • Army - 32 CFR 516. 12(c) • Navy - 32 CFR 720. 20(c) » Methods ü Service by mail – suggest certified or registered mail ü Letters Rogatory – Request to effect service from court in U. S. to court in foreign country when no treaty in force ü Personal service by foreign agent- Retain foreign attorney or process server ü Voluntary Acceptance – coordinate with commanding officer 3/18/2018 Integrity - Service - Innovation 13

Service Overseas – cont’d » Hague Service Convention ü Requires a special Request for Service to each country’s Central Authority • Translation and Notarial Requirements • http: //www. hcch. net/index_en. php? act=text. display&tid=44 » Inter-American Convention on Letters Rogatory and Additional Protocol ü Similar to Hague Service Convention ü In force with 17 Central and South American countries ü Request form: http: //www. usmarshals. gov/process/usm 272. pdf » State Department ü http: //travel. state. gov/law/judicial_680. html ü http: //travel. state. gov/content/travel/english/legalconsiderations/judicial. html ü Re: agreements with foreign countries for child support enforcement http: //www. acf. hhs. gov/programs/css/international 3/18/2018 Integrity - Service - Innovation 14

Resources – Support Enforcement » ‘Working with the Military as an Employer – A Quick Guide’ http: //www. acf. hhs. gov/programs/cse/newhire/employer/publication/military_quick_gu ide. pdf » ‘Working with the Military on Child Support Matters: Trainer Guide’ http: //www. acf. hhs. gov/programs/css/resource/working-with-the-military-on-childsupport-matters-trainer-guide 3/18/2018 Integrity - Service - Innovation 15

Servicemembers’ Civil Relief Act (SCRA) 3/18/2018 Integrity - Service - Innovation 16

Servicemembers’ Civil Relief Act (SCRA) » Purposes of the SCRA: » (1) to provide for, strengthen, and expedite the national defense through protection extended by this Act to service members of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and » (2) to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of service members during their military service. 3/18/2018 Integrity - Service - Innovation 17

New Improved SCRA » On 19 December 2003, President Bush signed the SCRA, a complete revision of the SSCRA. » The SCRA was written to: ü Clarify the language of the SSCRA ü Incorporate and codify many years of judicial interpretation of the SSCRA ü Update the SSCRA to reflect developments in American life since 1940 3/18/2018 Integrity - Service - Innovation 18

ORGANIZATION » Found at 50 USC App. §§ 501 -596 (cites herein are to 50 U. S. C. App. § ___) » Title I - General Provisions » Title II - General Relief ü ü Default judgments and stays --§§ 521, 522, 524, 525 Fines & Penalties in contracts - § 523 Statutes of Limitation --§ 526 Maximum rate of interest - § 527 » Title III (§§ 531 -538) ü Major substantive protections against evictions, termination of installment contracts, foreclosure on mortgages, and termination of leases by lessees, protection to dependents 3/18/2018 Integrity - Service - Innovation 19

ORGANIZATION (cont. ) » Title IV - Life Insurance (§§ 541 -549) » Title V - Taxes and Public Lands ü § 571 - Residence for tax purposes » Title VI - Administrative Remedies » Title VII - Further Relief 3/18/2018 Integrity - Service - Innovation 20

Scope of the SCRA » Who is Covered: Active Military ü Army, Navy, Air Force, Marine Corps, Coast Guard ü Reservists called to active duty ü 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: ü ü Retirees Civilian Employees Do. D Contractors Dependents* *Certain protections may apply to contractual obligations of dependents (e. g. , leases terminations) 3/18/2018 Integrity - Service - Innovation 21

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 withholding orders (garnishments) 3/18/2018 Integrity - Service - Innovation 22

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). 50 U. S. C. App. § 522 (b)(1) 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. 3/18/2018 Integrity - Service - Innovation 23

Member Requests for Stay of Proceedings » Two-fold request: ü Communication from the service member – Sec. 522 (b)(2)(A): • 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 ü Letter from the Service member’s commanding officer affirming the following – Sec 522 (b)(2)(B): • Service member's military duty prevents an appearance • Military leave is not authorized for the Service member at the time of the letter ü If this letter contains the Service member’s available court dates, the court may deem the letter sufficient to pass the two-fold test. 3/18/2018 Integrity - Service - Innovation 24

Effect of Request for Stay on Member’s Rights » 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). 3/18/2018 Integrity - Service - Innovation 25

DOD Instruction 1327. 6 - Leave & Liberty » Mandates that service member’s commander grant leave for paternity and support hearings » Exceptions: ü Service member is deployed in a war ü Exigencies of military service require denial of such a request 3/18/2018 Integrity - Service - Innovation 26

Subsequent Requests for Stay » 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 3/18/2018 Integrity - Service - Innovation 27

SCRA and Default Judgments » If defendant does not appear in court or respond to court summons, the SCRA requires a sworn affidavit by the plaintiff stating either – 50 U. S. C. App § 521 ü Whether or not the defendant is in military service and showing necessary facts to support the affidavit ü The plaintiff is unable to determine whether or not the defendant is in military service ü If defendant is not in the military, the plaintiff may proceed to final judgment ü If defendant is in the military, the court is required to appoint an attorney for the defendant 3/18/2018 Integrity - Service - Innovation 28

SCRA and Default Judgments » Consequences of failing to file an affidavit ü A non-service member defendant has no remedy ü 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 • has a meritorious or legal defense to all or part of the action • 50 U. S. C. App § 521(g) » SCRA default guidance applies to all of the following: ü ü 3/18/2018 Final Judgments Interim Orders (New) Court Orders Administrative Support Orders but… not to administrative enforcement remedies, such as liens, wage withholdings, etc. Integrity - Service - Innovation 29

Stay or Vacation of Judgment or Garnishment » Under 50 U. S. C. App. § 524, if a service member, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, Court may on its own motion and shall on motion of member: ü Stay execution of judgment ü Vacate or stay attachment or garnishment » Service member or their attorney can request court to stay or vacate judgment any time during Service member’s period of military service can or within 90 days of the end of military service 3/18/2018 Integrity - Service - Innovation 30

Appointed Counsel - 50 U. S. C. App § 521(b)(2) » When defendant is a service member, the court must appoint an attorney prior to granting a default judgment » Duties of appointed attorney ü protects Service member’s rights ü determines status and seeks stay » Can’t waive rights or bind service member 3/18/2018 Integrity - Service - Innovation 31

Certificate of Military Status » Defense Manpower Data Center (DMDC) » Provide Certificate as to military service via Web – acceptable documentation to show whether individual in the military https: //www. dmdc. osd. mil/scra/owa/scra. home 3/18/2018 Integrity - Service - Innovation 32

DMDC Certificate of Military Status » If the Service member is on active duty, this is what you’ll see: 3/18/2018 Integrity - Service - Innovation 33

DMDC Certificate of Non-Military Status » If the Service member is NOT on active duty, this is what you’ll see: 3/18/2018 Integrity - Service - Innovation 34

6% Rate Cap - 50 U. S. C. App § 527 » SCRA rule on interest » 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 interest cap and produce military orders 3/18/2018 Integrity - Service - Innovation 35

DEERS Enrollment - ID CARDS » Source: Defense Human Resources Activity (DHRA) » ID cards are issued to dependent children age 10 and older, with the following exceptions: ü The child is of a joint service couple or a single parent ü The child’s physical appearance warrants issuing card (for example, appears older than 10) ü The child does not reside in the household of an eligible adult family member » Enrollment of a dependent child in DEERS under any scenario requires: ü A birth certificate, and ü A completed DD Form 1172 -2 signed by the sponsor 3/18/2018 Integrity - Service - Innovation 36

DEERS Enrollment – Documentation Required Male Sponsor Scenario 1 » Out-of-wedlock child whose paternity has been judicially determined ü An order or other appropriate document from a court of competent jurisdiction in the United States (or U. S. territory or possession) that establishes paternity ü Consent order of paternity, or Affidavit of paternity, recognized by a court of competent jurisdiction in the United States (or U. S. territory or possession) 3/18/2018 Integrity - Service - Innovation 37

DEERS Enrollment – Documentation Required Male Sponsor Scenario 2 » Out-of-wedlock child whose paternity has not been judicially determined ü If the service member is stationed in a foreign country, a written Staff Judge Advocate opinion ü A Voluntary Acknowledgement of Paternity (VAP) signed by both parents and filed with the State 3/18/2018 Integrity - Service - Innovation 38

DEERS Enrollment – Documentation Required Male Sponsor Scenario 3 » Child born to a married couple, military sponsor refuses to recognize as his ü The child is considered to be a “child of the marriage” ü Should be enrolled in DEERS with only a birth certificate ü Paternity test required to substantiate sponsor’s claim and remove child from DEERS 3/18/2018 Integrity - Service - Innovation 39

DEERS Enrollment – Documentation Required Female Sponsor Scenario » In all cases where the female service member is the birth mother, a child born out of wedlock, may be enrolled in DEERS as the service member’s dependent child using the birth certificate 3/18/2018 Integrity - Service - Innovation 40

Questions? 3/18/2018 Integrity - Service - Innovation 41