Family Law

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Dividing Military Benefits in Divorce: Forms, Checklists, and Pitfalls to Avoid

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Upon Request 3.5 Total
Kentucky CLE Upon Request 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Arizona CPE for Accountants Approved 3.5 Total
New York CPE for Accountants Approved 3.5 Total
Washington CPE for Accountants Approved 3.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
Divorce Financial Analysts Approved 3 Total
CPE for Accountants/NASBA Approved 3.5 Total
Veterans Affairs Approved 3 Total
Live Online
3 hours
Terrence Benshoof
Joseph DeWoskin
Catherine Bailey
With Terrence J. Benshoof from Calabrese Associates, P.C. + 2 others

Tue, Dec 08, 00:00 AM – 00:00 PM

Product ID 102774

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$299

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OnDemand content will be available within 7 days of event date.

Overview

Cautionary Advice, Forms, Checklists, and Drafting Language to Get it Right the First Time

Military divorce isn't like other divorce cases, and treating it like one is exactly how family law attorneys end up back in court. A single missed one-year SBP deadline, a non-conforming DFAS order, or a stray indemnification clause can cost your client tens of thousands of dollars - and cost you your malpractice carrier's patience. This guide walks you step-by-step with a ready-to-use intake questionnaire, sample DFAS-conforming pension division order language, a TSP court order checklist, and other reference materials you'll use long after the program ends. Get military asset division right the first time - register today!

  • Walk away with a client intake questionnaire, document checklist, and reference lists built specifically for military divorce cases.
  • Learn the exact language DFAS requires to honor a pension division order - and the phrasing that gets orders kicked back.
  • Discover how to address VA disability compensation issues without running afoul of Howell v. Howell.
  • Avoid costly mistakes involving SBP elections, TRICARE eligibility, and other post-divorce military benefits.

Abbreviated Agenda

  1. Client Intake Questionnaire, Document Checklist, and Reference Lists
  2. Military Compensation, Support Calculations, and Enforcement (With Sample LES Walkthrough)
  3. Dividing Military Retirement Benefits (With Sample Order)
  4. VA Disability Benefit Offset Risks and Remedies Post-Howell
  5. Survivor Benefits and Post-Divorce Military Benefits: Checklists, Forms, and Critical Deadlines

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102774

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Upon Request 3.5 Total
Kentucky CLE Upon Request 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Arizona CPE for Accountants Approved 3.5 Total
New York CPE for Accountants Approved 3.5 Total
Washington CPE for Accountants Approved 3.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
Divorce Financial Analysts Approved 3 Total
CPE for Accountants/NASBA Approved 3.5 Total
Veterans Affairs Approved 3 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. Client Intake Questionnaire, Document Checklist, and Reference Lists

    1. Client Intake Questionnaire
    2. Document Checklist for Military Divorces
    3. Statutory/Regulatory Reference List
    4. Key Cases References List

  2. Military Compensation, Support Calculations, and Enforcement (With Sample LES Walkthrough)

    1. Base Pay, Basic Allowance for Housing, and Basic Allowance for Subsistence
    2. Reading an LES: Pay Grade, Years of Service, Retirement Points, and Special Pays
    3. Determining Gross Income for Child and Spousal Support
    4. Support and the Servicemembers Civil Relief Act (SCRA)
    5. Involuntary Allotments and How to Compel Payment
    6. Reserve/National Guard Pay Considerations

  3. Dividing Military Retirement Benefits (With Sample Order)

    1. The Uniformed Services Former Spouses' Protection Act (USFSPA)
    2. Pension Division Mechanics and DFAS-Conforming Formula Language
    3. The Frozen Benefit Rule and High-3 Pay Calculations
    4. Thrift Savings Plan (TSP) Division Via RBCO
    5. Sample TSP Retirement Benefits Court Order Checklist
    6. DFAS Direct Payment Requirements, Timing, and Submission Checklist
    7. Common Drafting Mistakes to Avoid

  4. VA Disability Benefit Offset Risks and Remedies Post-Howell

    1. VA Disability Compensation Essentials
    2. The VA Waiver Problem
    3. CRSC vs. CRDP
    4. Remedies Post-Howell
    5. Drafting Around a Known, Pending Disability Claim vs. Unforeseen Future Rating Change

  5. Survivor Benefits and Post-Divorce Military Benefits: Checklists, Forms, and Critical Deadlines

    1. Survivor Benefit Plan (SBP): What it is, What it Costs, and What it Pays Out
    2. Former Spouse Coverage Election Deadlines: The One-Year Clock
    3. Voluntary Member Election and Deemed Election Mechanics
    4. Common Premium Allocation Disputes
    5. TRICARE and Confirming 20/20/20 or 20/20/15 Status
    6. Servicemembers' Group Life Insurance (SGLI) and Veterans' Group Life Insurance (VGLI)
    7. Base Privileges - Consequences of Remarriage

Who Should Attend

This program is designed for family law attorneys. Accountants and paralegals may also benefit.

Speakers

Terrence J Benshoof
Terrence J.
Benshoof
Calabrese Associates, P.C.
Joseph A DeWoskin
Joseph A.
DeWoskin
Joseph A. DeWoskin, PC
Catherine R Bailey
Catherine R.
Bailey
Fresh Start Family Law
Speaker bio
Terrence J Benshoof

Terrence J. Benshoof

Calabrese Associates, P.C.
Terrence Benshoof

earned his J.D. degree and LL.M. degree in taxation from De Paul University. He has over 50 years of experience in a variety of family, taxation and business law areas. Mr. Benshoof is of counsel to the firm of Calabrese Associates, P.C. in Warrenville, Illinois. As a practitioner, he has focused in the family law area, on matters concerning divorce actions involving military spouses, military pay and benefit issues, retired pay division, and application of the Service Members Civil Relief Act. Mr. Benshoof has lectured on these topics to the Chicago, DuPage and Will County bar associations in Illinois, and for National Business Institute in local and national webcast seminars. He also practices in the area of general taxation, business tax planning, trusts and estates, real estate, and commercial litigation. Mr. Benshoof has published numerous articles on military issues in family law and on property taxation. A retired Lieutenant Colonel in the Army Reserve, Judge Advocate General's Corps, he served as National Judge Advocate (general counsel) for the 45,000 member Reserve Organization of America, and has served on its Board of Directors for five years. Mr. Benshoof served as Referendary General (chief judge of the Tribunal) of the Sovereign Military Order of the Temple of Jerusalem for eight years. He also serves as vice president of the Board of Directors of the Midwest Shelter for Homeless Veterans in Wheaton, Illinois.

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Speaker bio
Joseph A DeWoskin

Joseph A. DeWoskin

Joseph A. DeWoskin, PC
Joseph DeWoskin

is a solo practitioner in Kansas City, Kansas. He practices in the areas of family law, military law, landlord/tenant, Uniform Services and Reemployment Rights Act (USERRA), and general litigation. Mr. DeWoskin is admitted to practice law in Missouri, Kansas, U.S. Supreme Court, U.S. Federal District Court for the Western District of Missouri, U.S. Federal District Court of Kansas, United States Army Criminal Court of Appeals, and the U.S. Court of Appeals for the Armed Forces. He has over 29 years of legal experience, including nearly nine years of service on active duty with the U.S. Army Judge Advocate General's (JAG) Corps. Mr. DeWoskin retired in 2018 as a Lieutenant Colonel, after serving approximately 27 years both on active duty and in the U.S. Army Reserves. He has been retained on multiple occasions to testify and assist as an expert on legal matters relating to divorce involving military personnel; including cases involving the division of military retirement, Servicemembers Civil Relief Act (SCRA), Uniformed Services Employment and Reemployment Rights Act (USERRA), and rights under the Uniformed Services Former Spouses Protection Act. Mr. DeWoskin has taught CLEs nationwide on issues including military specific family law issues related to divorce, child support, child custody, and the division of the military retirement, as well as the SCRA and USERRA. He earned his B.A. degree from Washington & Jefferson College and his J.D. degree from the University of Missouri-Kansas City School of Law.

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Speaker bio
Catherine R Bailey

Catherine R. Bailey

Fresh Start Family Law
Catherine Bailey

is with Fresh Start Family Law, where she represents clients in family law matters including divorce, domestic violence, child custody, child support, alimony, equitable distribution, separation agreements, surrogacy, and mediation. Ms. Bailey's practice has a special emphasis in all aspects of military divorce, including military pension division. She is a North Carolina board-certified family law specialist, as well as a North Carolina certified family financial mediator who performs mediations in family law cases. Ms. Bailey earned her B.A. degree from the University of North Carolina at Greensboro and her J.D. degree, cum laude, from Campbell University Norman Adrian Wiggins School of Law.

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