Oklahoma Senate Bill 1951 USFSPA Wounded Warrior Protection Act
Senator Russell introduced 2012 Oklahoma Senate Bill 1887 USFSPA Changes as well as Oklahoma Senate Bill 1951 asking for creation of the Wounded Warrior Protection Act.
In general Oklahoma Senate Bill 1951 focuses on what is or is not income for the purpose of computing child support and alimony.
However, Senator Russell has slipped in language concerning division of property, clearly trying to influence how Oklahoma treats the USFSPA. All USFSPA and property division language should be transferred and discussed by Oklahoma representatives who are reviewing OK SB 1887 .
Why is Oklahoma mixing property division language in a bill discussing child and alimony support?
I can only surmise that Senator Russell intends for OK SB 1951 to act as a “back-up plan” should Oklahoma SB 1887 fail to pass. Senator Russell should argue his view on USFSPA changes in one place.
Outline of Senator Russell’s Oklahoma Senate Bill 1951
Take a look at an outline of OK SB 1951 to see how out of place the USFSPA references are.
- Section 1. NEW LAW
- Section 2: AMENDATORY
- Section 118B. A.
- Gross Income [defined]
- Earned Income [defined]
- Passive Income [defined]
- B. Excluded Income
- C.[Computation of Gross Income]
- D. Imputed Income
- E. Self-Employment Income
- F. Fringe Benefits
- G. Social Security Benefits
- H. NON-Division of Combat-Related Special Compensation (CRSC) (property language)
- Section 3. AMENDATORY [Alimony rules ]
- Section 134 A: [ defining alimony support payments vs division of property and declaration of property divisions as irrevocable decisions ]
- B: Death and remarriage issues
- C: Cohabitation issues
- D: Modifications [ related to support, not property division ]
- E: USFPSA division language (property language)
- F: RETROSPECTIVE and prospective application back to June 26, 1981(property language)
While I’ve not even begun to discuss the concepts raised by the language of Oklahoma SB1951, clearly, Section 118B H, and Section 134 E and F deal with division of property and do not belong in a bill about alimony and child support.
Recommendations for 2012 Oklahoma SB1951
- Delete Section 118B H, and Section 134 both E, and F language from the proposed Senate Bill 1951 and discuss these issues under Oklahoma SB 1887.
- Remove the word property from Section 134. A: as inIn no event shall an award of alimony payments
, whether designated for support or for property division, be based on income received from any type of service-related injury compensation or combat-related disability compensation.
Questions for Oklahoma Former Military Spouses
If you’re an Oklahoma former military spouse, does your decree refer to the division of military retired pay as support?
By using the retroactive date of June 26, 1981, clearly Senator Russell is aiming at military service members’ and former military spouses’ divorce decrees.
Some Oklahoma military divorce decrees must contain language that refers to the division of pay as support or there would be no need for the proposed retrospective language in section F of Oklahoma Senate Bill 1951.
Also slipped into Section F of OK SB 1951 is the previously raised issue of a two-year statute of limitations when federal law states military spouses may apply at anytime.
Oklahoma Senate Bill 1951 Summary
There are many issues to discuss concerning the wording used in Oklahoma Senate Bill 1951, but the first step is to organize.
A teacher would grade this bill at a C- for lack of focus. Put the apples with the apples and the pears with the pears or you will end up with rotting fruit. Oklahoma is going to create even more confusion than currently exists concerning the USFSPA.
Separate proposals concerning property and support, so Oklahoma representatives can move toward logical equitable discussions to resolve military marital issues.
See the entire Oklahoma Senate Bill 1951