New Military Survivor Benefit Election (SBP) Procedure

benefits.jpgI hate to get too technical, but I recently learned that there has been a significant change in the manner in which the Defense and Accounting Service will allow a continuation of payments to a former spouse after the military member/retiree dies. This SBP procedure used to be simple for the attorney. Previously, all that was needed was a timely letter from the attorney to DFAS requesting the election along with a copy of the court order and decree.

Guess what? After September 27, 2008, the ONLY manner such a survivor benefit election can be accomplished is by submitting to DFAS a completed DD 2656-10 form along with a copy of the decree. If the old approach is utilized, the election will NOT be valid. Click here to see a memo from the Under Secretary of Defense dated May 30. 2008, indicating the change.

The time perimeters have not changed. If the member/retiree requests the coverage, the deadline is one year from the date of the divorce. If the former spouse requests the coverage, she must send in this DD 2656-10 form within one year of the filing of the court order terminating the marriage.

Our law firm handles many … Read More... “New Military Survivor Benefit Election (SBP) Procedure”

Father’s Day Reflections, Including Freud and Tongue Biting

Father’s Day can be an extremely difficult one for many children. Unfortunately, thousands of children will not be with their father this Father’s Day due to many factors including divorce, death or service in the armed forces. As a result, many children don’t have the opportunity for a traditional Father’s Day.

I’d like to offer some thoughts about the importance of this day from the perspective of both a father and a practicing divorce lawyer for 30 years:

  1. Take the High Road. If it’s within your power to help a child spend some time or even talk with his or her father on Father’s Day, take the high road and make a special effort to make it happen. Across the country, thousands of children and fathers don’t have the opportunity to share their feelings with each other.
  2. Are You Too Busy to See Your Children? If you happen to be a father who lives with, or has access, to your children, realize how blessed you are to have children and don’t waste the opportunity to tell them how much you love them and how important they are to you! Thousands of fathers without such an opportunity would envy being in
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Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 1

When discussing whether or not a Court will award spousal support, formerly known as alimony, to one of the parties in a divorce proceeding, we must first define what spousal support is. Section 3105.18 of the Ohio Revised Code defines “spousal support” as being “any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is both for sustenance (maintenance or means of livelihood) and for support of the spouse or former spouse.”

Webster’s New World Dictionary does not define “spousal support” but defines “alimony” as “money a court orders paid to a person by that person’s legally separated or divorced spouse”. While the Ohio Revised Code utilizes the term “spousal support” in Chapter 31 relative to Divorce, Annulment, and Dissolution of Marriage, the Internal Revenue Code governing the payment of federal income taxes continues to use the term “alimony” in lieu of the term “spousal support”.

Further, Ohio Revised Code Section 3105.18(C)(1) reflects the following language: In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is … Read More... “Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 1”

Military Resource Guide

The Army has developed an excellent online resource guide that would benefit new members of all the branches of the armed services, as well as their spouses and their families. It contains a great deal of useful information, including many resources and various checklists. The guide is described as follows:

“This guide introduces new Army spouses and family members to military family life. It contains information on aspects of Army life from military benefits to recreation. It also includes a glossary of Army terms and abbreviations as well as a list of useful Web sites.”

Military OneSource requires that you login on their site in order to access information. You will need to login and search ‘spouse guide’ in order to find the guide titled “A First Guide for Army Spouses and Family Members.” The guide is available to download in PDF format. Click here for the website.

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Statistics Regarding Military Divorces

Men and women serving in the armed forces of our country encounter many stresses within their marriages that men and women in the general public do not experience. Long separations from marriage partners and other family members and hardships experienced due to war conditions in Afghanistan and Iraq play havoc on many military marriages. So, it is somewhat surprising that the divorce rate among men and women serving in the military remained steady last year at 3.3 percent. From October 1, 2006, through October 1, 2007, there were 25,000 failed marriages out of approximately 755,000 married active duty troops. These statistics represent members of all military branches.

According to information provided by the Defense Department, members of the Army had a divorce rate of 3.2 percent, a rate which remains unchanged from the previous year. Of the 275,000 married Army soldiers, that amounts to approximately 8,750 divorces. Comparing all branches of the military, it is the Army which has the largest number of troops serving in Afghanistan and Iraq. More Army couples had to cope with longer separations as many tours of duty were extended from twelve (12) months to fifteen (15) months in duration. This past year was also … Read More... “Statistics Regarding Military Divorces”

Grandparent Custody Issues From a Lawyer’s Viewpoint

Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

In an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing and reading about this happening or phenomenon?

    1. Some parents have problems with untreated mental illness. Our firm recently assisted Grandparents in gaining “temporary custody” of their young Grandson as the child’s Mother has Bipolar Disorder, aka Manic Depressive Disorder. When she adhered to her medication regime, she could provide safe and effective parenting for her Son. When she decided to discontinue her psychotropic medications, symptoms of her mental illness returned and she was not capable of providing for the needs of her Son.

 

  • Some parents have problems with alcoholism and other addictions. Persons who become physiologically and psychologically dependent upon
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