Combat Related Special Compensation (CRSC) & Oklahoma SB 1951
Oklahoma SB 1951 introduced February 6, 2012, is already amended (February 27, 2012), specifically stating that hostile fire pay or imminent danger pay, and combat pay will be included for computations for alimony or child support.
This is an improvement in the bill.
OK SB1951 CRSC Recommendations at a Glance
- Add CRSC pay to page two lines 12 through 14.
- Remove the definition of CRSRC
- Remove all references to CRSC property awards (add the issue to SB1887)
- Discuss the wording for CRSC in SB 1887
1: Add CRSC to Support Computations
CRSC pay should be included (added to the wording) for computation of alimony and child support.
The reasoning is a reference from Military.com FAQ on CRSC:
“Are CRSC payments subject to garnishment?
Yes, CRSC entitlements are subject to garnishment action for alimony and child support.”
2 & 3: CRSC Definition and Property Division Proposals
The amended SB1951 also changed wording concerning alimony computation:
In no event shall an award of alimony payments, whether designated for support or for property division, be based on CRSC as defined in paragraph 1 of subsection H of Section 118B of this title.
My immediate reaction is similar to my previous post concerning Oklahoma SB 1951 mixing support and property. I would suggest discussing all property issues in SB1887 and thus, an immediate amendment to read:
In no event shall an award of alimony payments, whether designated for support or for property division, be based on CRSC as defined in paragraph 1 of subsection H of Section 118B of this title.
Then, I would suggest further discussion concerning alimony and child support since CRSC can be garnished (as mentioned above).
Removing the definitions of CRSC from all areas of the bill is advisable since federal rules defining CRSC eligibility have already changed three times per a DOD Memo and the goal should be, whatever decision is made concerning CRSC — let’s have it apply to everyone from this point forward.
4: CRSC and Military Divorce
All discussion of CRSC as property belongs in Oklahoma Senate Bill 1887.
What remains to be addressed is: will Oklahoma try to prevent division of Combat Related Special Compensation (CRSC) as property?
CRSC may be divided. according to Military.com FAQ on CRSC:
“Are CRSC payments subject to a court-ordered division of pay that is payable to a former spouse?
CRSC is considered special compensation and therefore not subject to the rules and regulations governing military retired pay, including court-ordered division of pay. However, if the former spouse returns to court and obtains a new order, the CRSC may be divided.”
Read the U.S. Code on CRSC.
You can follow the amended versions of SB 1951. (Click on the tab that says versions.)
Oklahoma legislators should be ashamed of themselves, oh wait, most of them are family lawyers. They are not legislating for the total population of the state, but for the former spouse. They know how to read the federal statues on CRSC. What is truly sad is that they always try to make the military member pay their fees as well as paying the former spouse a fee for being married. anyone ever heard of a lawyer that says that the USFSPA is unconstitutional? No? that is because it is a cash cow for the lawyer and the former spouse. I bet that Clara Harris down in Texas would have gotten the SBP, even though she killed her husband (ran him over repeatedly, with his daughter from his prior marriage in the car begging her not to hurt her dad). She did go to prison, but guess what, yep, she retained custody of her twin sons, while in jail for murdering their father. So why would any veteran soldier, sailor, marine, or airman ever expect that state legislatures go after combat related special compensation? Hope the legislators protect CRSC and not make it available to former spouses. Federal law says states cannot. Federal Law also states clearly that Veteran’s disability benefits cannot be divided either. But does anyone see Attorney General Eric Holder or the Justice department filing lawsuits against states or state judges that do? No, they are not. Seems they only want to go after immigration issues. Something some states are attempting to get a handle on, but the federal justice system will sue them in a heartbeat to protect an illegal alien, but not a veteran that is/was disabled in the course of upholding democracy. Oh, by the way, the prior administration, President George Bush, he did not do anything either………..
How is paying an ex spouse for life divorce?????
Well, not to sound like a jerk, but its simple.
She divorces you but not your benefits. Somehow this still manages to be community property. Forever. Even after YOU die in some cases(SBP).
Ive heard a thousand soldiers in Fallujah say they wish they were home. Havent heard one spouse say they wish they were in Fallujah. But i guess they serve along side us…..
But this nasty cycle is designed to never end. You see, by subsidizing divorce and taxing fatherhood, politicians will have a never ending “pool” of voters to shower with YOUR wealth. Now they even shower them with YOUR hazardous duty “benefits” Which are really incentives, you know to hopefully coax you over the bunker; remove the incentive, remove the will to do hazardous duty, thusly destroy the military from with in. Yay hippies!…… If it wasnt real it would sound like a joke.
Thats the new definition of divorce.
TO: FORMER MILITARY SPOUSE and OK State
Lets be clear on what disability is before we “look into” whether or not anyone cares if it effects a former spouse in ANY WAY.
FACT 1: Obviously someone who lost a hand will view most of that disability pay as an offset to lost earning potential, if it affects their future employment potential.Duh.
FACT 2: By in large VA health care sucks. There i said it. Its free but it looks and feels free also. Having said that; This money is there for SMs to budget to offset the cost living expensings, so the SM isnt tethored to a VA facility in perpituity. We dont want to be tethored to welfare. My point, if i need to move where the “work” is, and theres no VA facility, its my resposibility to budget for handicap upgrades, etc….. VA Loans and grants are fine for just getting your “foot in the door” but thats about it.
FACT 3: VA disability IS NOT workers comp. The diff between a guy installing satelite TV and a soldier is a bit diff. You see, the satelite guys when he falls and gets hurt, was doing it for income. Perhaps the soldier is as well, however the satelite guy doesnt have a “competitor” on the otherside of the house virtually garunteeing the injuries in question.
FACT 4: The fact the disability is even eqauted to the word income, suggests the some people will lose an arm to earn a buck. Its not INCOME. Period.
You must remember, the DoD is the only job that requires MORTAL COMBAT as part of its daily duty description (on your behalf none the less). No where else is this true. I doubt walmart 401ks have such an issue.
The fact that people even suggest that a SM was amputated and sterlized to “reduce” a former spouses payment is a big indicator that people who have never served in war, should not administrate its aftermath.
I lost 13 teeth and two fingers. During this time, it never occured to me i could use this as a venue to “hold out” on my ex wifes hard earned “combat” benefits.
I was worried about eating, and having enough income to be a father should i pull thru.
But hey, yeah, tell me more about worrying about spouses portion of retainer pay, and how i should go about using my body parts to reduce it. Im listening.
It shouldnt even come up. At all. The source of my disability income is a crater somewhere in Samara Iraq, not in the purview of the OK courts.
Let me ask you this, when i get divorced, why doesnt my mom get the same amount? Afterall, she went thru the same worry my ex did? Oh yeah, my exs new husband need his Harley payments covered (this was told to me in a email…followed by a LMFAO).
I guess weve selected who the real patriots are havent we……
I wonder how many sets of partials 800k of Las Vegas GSA party moneys could have bought me? Well, it doesnt matter because my healthy, college educated, 33 year old ex needs a harley for her new baby.
Joe
(9 Combat rotations {and counting},13 teeth, 2 fingers, and 2 wives….apparently one harley)