Military Divorce: Identifying, Obtaining and Introducing Military Financial and Other Documents as Evidence

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, November 11, 2015

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare family law attorneys to identify and use documents that are critical for military divorce cases. The panel will explain how to obtain, understand and introduce the documents into evidence.

Description

In military divorces, family law counsel must understand all of the relevant documents needed to gain a full picture of the parties’ financial status and marital estate. Recognizing which documents to obtain, how to get them, how to read the information and how to introduce the documents into evidence are key.

Documentation of military and retired pay, reserve component retirement points, accrued leave, elections for the survivor benefit plan, and notification of eligibility for retirement for a guard/reserve member are critical. Counsel must be familiar with how to obtain documents through court order or subpoena.

Listen as our panel of expert family law attorneys discusses the complexities and unique issues associated with obtaining, understanding and using critical documents necessary in a military divorce. The panel will outline best practices for introducing the evidence in court.

READ MORE

Outline

  1. Documents necessary to understand military pay and retired pay
    1. Leave and Earnings Statement for active-duty personnel (DFAS Form 702), Retirement Points Accounting System Statement for Guard/Reserve personnel
    2. Retiree Account Statement for retired personnel (DFAS-CL Form 7220)
    3. Notice of Eligibility (“20-year letter”) for Guard/Reserve personnel
    4. SBP (Survivor Benefit Plan) election form for Guard/Reserve personnel (DD Form 2656-5)
    5. DD Forms 2656-1 and 2656-10 for SBP elections, former spouse “deemed election”
    6. DD Form 2293 for submission of military pension division order
    7. Letter servicemembers receive upon retirement (pay status) with expected amount of retired pay and calculations
  2. Obtaining documents through court order or subpoena from the retired pay center (DFAS or Coast Guard), the Guard/Reserve headquarters or state adjutant general’s office, or other military agency
  3. How to authenticate and government records into evidence
  4. Other documents which may be needed in the military family law case
    1. Divorce cases—evidence of domicile (DD Form 2058)
    2. Custody cases—Family Care Plan documents
    3. Tax issues regarding military compensation

Benefits

The panel will review these and other key issues:

  • What documents are necessary to understand military pay and retired pay?
  • What are the most effective ways to obtain documents through court order or subpoena from the retired pay center (Defense Finance and Accounting Service or Coast Guard Pay and Personnel Center), the Department of Veterans Affairs, and other offices or agencies?
  • How should counsel authenticate and introduce government documents into evidence?

Faculty

Mark E. Sullivan
Mark E. Sullivan

Principal
Sullivan & Tanner

Mr. Sullivan focuses on family law and is a Fellow of the American Academy of Matrimonial Lawyers. He has served as...  |  Read More

Dawn M. Laubach
Dawn M. Laubach

Atty
Laubach Law Office

Ms. Laubach practice focuses on family law, probate, estate planning and military law matters. She previously...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$197

Download

$197