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Gary B. Port, Attorney at Law

Gary B. Port has over 17 years of military experience. His practice is built around protecting the service member and dependants. Gary B. Port was commissioned in the United States Army in the Judge Advocate General’s Corps, December 23, 1986. He served three years on Active Duty at Fort Bliss, Texas. He returned to New York in 1990, and became an assistant District Attorney in Brooklyn. After having prosecuted a number of major crimes, he left the D.A.’s office for private practice in 1993. Mr. Port is a lieutenant colonel in the United States Army Reserve, currently assigned to the 4th Legal Support Organization in New York.

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#227486 - 10/30/09 09:25 PM active duty
spouse80 Offline
Member

Registered: 10/19/09
Posts: 87
me n my husband r required to exchange financial information as per court. he is active duty, does he have documents for the SGLI insurance policy n retirement plan n employment benefits? does military give any documents to show that he has all this n the value of it.

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#227491 - 10/31/09 06:09 AM Re: active duty [Re: spouse80]
emilyrae Offline
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Registered: 07/20/09
Posts: 416
Loc: Pasadena, MD
there is no retirement if he's not yet retired, so there is no paperwork, or statements describing it. if he has contributed to his thrift savings plan he will more than likely have quarterly statements sent to him, if not he can get them online. for SGLI he should have an initial piece of paper that documents his beneficiary, if not he can get a copy of his coverage, and beneficiary at his personnel office.

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#227496 - 10/31/09 05:00 PM Re: active duty [Re: emilyrae]
RobRobertson Offline
Member

Registered: 06/06/06
Posts: 137
31 October 2009 An essential document, not necessarily the only document, you need to be furnished is a current LES, leave and earnings statement. Service members can pull up their LES in an instant on the Internet, so no excuses for non-production. If he whines in open court, hopefully the judge will have a computer on the bench and the LES can be pulled up right then and there. It may be you have copies of old LESes in the residence plus other financial information. Find it, secure it and study it.

This is an example of a blank LES, DFAS form 702. You can search Internet for more on this form. http://www.moguard.com/familyreadiness/modules/DownloadFile.asp?DocITEM=21

Be careful about revisions in the LES form. That web site is from 2002. The form number, 702, is unlikely to change, but the year of publication will change as DFAS tweaks the form. If there are changes/edits they are not likely significant.

If servicemember is paying premiums of SGLI, the premium and amount of coverage will show in the Deductions box, box "11" in that web site diagram.

It is desirable to view LESes going back several months in case the servicemember has diddled with accounts (in anticipation of divorce).

If servicemember has done some funny business with pay or benefits since case was filed, it may be there is a local standing order which probably prohibits it or maybe there are temporary orders in the case which typically prohibit actions other than normal living and legal expenses. Catching infractions is nice but does not always result in recoupment, recission, etc. And very little corrective action is automatic. The judge is not your lawyer. Parties need to identify misbehavior and motion the court to order it corrected if the transgressor does not fix it after being asked to. If the judge orders corrective action it is usually up to the complaining party to draft an order containing those terms for the judge to sign, usually, on a later day based on submission to his/her in box, not a new hearing. In most jurisdictions, draft orders are supposed to be shared with the other side before submission. If cannot agree on wording it has to be set for a hearing to let the judge review. If the objections are petty, the judge will frown at the objecting party, if not do more.

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#227519 - 11/01/09 03:57 PM Re: active duty [Re: RobRobertson]
spouse80 Offline
Member

Registered: 10/19/09
Posts: 87
he has provided his current LES. n that does reflect e retirement plan n also e SGLI .. but it does nt show anything more in detail.does he have papers to show that he has a SGLI policy n e details on that n also e details on retirement plan. also i asked his lawyer for my husband bank statements, but he said he just need to provide me w one mth. is that true? i read on e financial diclosures form that it shld be all e yrs creating debt n also at least 3yrs bank statements..

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#227527 - 11/01/09 05:13 PM Re: active duty [Re: spouse80]
emilyrae Offline
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Registered: 07/20/09
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Loc: Pasadena, MD
What information are you looking for as far as the sgli and retirment? From the premium for the sgli you can figure out the amount of coverage. The sgli isn't the type of life insurance you can cash out. More than likely he has the full coverage ($400,000) which had a monthly premium of $27.00. I say it's most likely he has the full coverage, because that is default and he would have had to deny full coverage in writing to change it, and the spouse is notified in writing that there was a change. (It would have been mailed to the last address used for you in DEERS) But if it shows $27 on his LES, he has that amount of coverage. Also, unless he denied it in writing he should have "Family SGLI" which covers a spouse or child for $10,000 in life insurance. Again, this is not the type of life insurance you can cash out on, and will show up on his LES as well. I don't remember off hand because I don't have it anymore, but I think that premium is $7-10 a month. You won't be able to get the total value of his tsp without him providing a statement. The les only provides you with the current months contribution and total for the current year. I would request a current tsp statement.

I asked a friend of mine who was divorced in Colorado and he wasn't required to provide any bank info. So I can't help you there.


Edited by emilyrae (11/01/09 05:59 PM)
Edit Reason: added a bunch

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#227531 - 11/01/09 09:59 PM Re: active duty [Re: emilyrae]
spouse80 Offline
Member

Registered: 10/19/09
Posts: 87
yah thanks for that info, yah he does have that premiums. n on his LES, it states change TSP 090801. could he have lowered the TSP amount coz of e div?

n what abt 401k contributions, does it have to state anywhere on how much is there till date?

okay e reason why i said abt e bank statements is coz he cld have just withdraw all e cash n say there is no money in it.

another thing is i have done reimbursement from Tricare, n all cheques n my name, i hav no joint account.n he cashed them according to tricare..how was he able to do so without me being an acct holder.n what do i do abt this

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#227532 - 11/02/09 04:43 AM Re: active duty [Re: spouse80]
emilyrae Offline
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Registered: 07/20/09
Posts: 416
Loc: Pasadena, MD
TSP is the 401K for the military, we don't have a "401K" outside of that. Sure he could have changed his deposits to his TSP because of the divorce. If it's saying on the LES that TSP was changed it could mean his address was changed, or that he's canceled all deposits... etc. The only way you're really going to know what's in his TSP is to request he provide a recent copy of his statement.

I understand why you were asking about the bank statements, and all I can tell you is I don't know.

Just curios, how long were the two of you married?

As far as the tricare checks, that isn't an issue of the military if the checks were issued in your name, that's an issue with the bank that let him cash the checks, and as far as that's concerned I have no idea what you can/should do about that.

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#227568 - 11/02/09 02:54 PM Re: active duty [Re: emilyrae]
spouse80 Offline
Member

Registered: 10/19/09
Posts: 87
we were married for four yrs and have a child. yah i contacted tricare n according to them if i had nt endorsed then its a forgery..for which i need to get a notarized fogery affidavit but that is dont only after i confirm thats nt me who endorsed.
yah i have no idea where he lives.he does nt wan to disclose his add. n how do i request a recent copy of the TSP statements??

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