Kansas City Divorce Lawyer & Attorney : Wortman Law Firm

Under a federal law called the Uniformed Services Former Spouse Protection Act (USFSPA for short), Missouri courts are empowered to divide a service members disposable retired pay in the same manner as property.  Since disposable retired pay is a federal government entitlement and not a pension plan, the rules under ERISA do not apply,  and the entitlement does not require a Qualified Relations Domestic Order.  However, certain restrictions and requirements do apply for a spouse to receive a portion of the retired pay.

In all cases where a member is on active duty at the time of divorce, the member's rights under the Soldiers and Sailors Civil Relief Act must be observed.  Also, a member must be married for 10 years during which the member performed at least 10 years of creditable military service.  This is called the10/10 rule.  It is important to note, however, that a service member is not even eligible to receive disposable retired pay unless he or she has served for at least 20 years.  A spouse or former spouse cannot receive something that the service member is not entitled to receive.

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If you are contemplating filing for divorce, or if you are already involved in a proceeding, it is critically important for your attorney to have a complete financial picture of both spouses.  This includes income, asset, and debt information for both parties to the action. The earlier this information is gathered, the better.  By being prepared BEFORE the case is filed, you can help your attorney discover income or assets that your spouse may be hiding, and you can save time and money as information gathering becomes harder after the parties split and/or the tensions of the litigation take hold.

The following is a general list of documents that you should have available or readily accessible when you begin your case:

1. Income Tax Returns. Completed personal, corporate, partnership, joint venture,

or other income tax returns, state and federal, including W-2, 1099, and K-1

forms, in your possession or control for the last 3 years.

2. Income Information. Current income information, including payroll stubs and all

other evidence of income since the filing of your last tax return.

3. Personal Property Tax Returns filed in this state or anywhere else from the start

of the marriage..

4. Banking Information. All monthly bank statements, passbooks, check registers,

deposit slips, canceled checks, and bank charge notices on personal and business

accounts, certificates of deposit, and money market and retirement accounts from

banks, savings and loan institutions, credit unions, or other institutions in which

you or your spouse has an interest.

5. Financial Statements submitted to banks, lending institutions, or any other persons

or entities, which were prepared by you or your spouse at any time during

the last five (5) years.

6. Any Loan Applications made within the last five (5) years.

7. Brokerage Statements. Monthly statements from all accounts of securities and/or

commodities dealers or mutual funds maintained by you or your spouse during

the marriage, and held individually, jointly, or as a trustee or guardian.

8. Stocks, Bonds and Mutual Funds. Certificates, if available, of accounts owned by

either spouse during the marriage or pre-owned by you.

9. Stock Options. All records pertaining to stock options held in any corporation or

other entity, exercised or not exercised.

10. Pension, Profit Sharing, Deferred Compensation Agreement, and Retirement

Plans or any other kind of plan owned by you or by any corporation in which

you or your spouse has been a participant during the marriage, including annual

statements.

1. Income Tax Returns. Completed personal, corporate, partnership, joint venture,
or other income tax returns, state and federal, including W-2, 1099, and K-1
forms, in your possession or control for the last 3 years.

2. Income Information. Current income information, including payroll stubs and all
other evidence of income since the filing of your last tax return.

3. Personal Property Tax Returns filed in this state or anywhere else from the start
of the marriage..

4. Banking Information. All monthly bank statements, passbooks, check registers,
deposit slips, canceled checks, and bank charge notices on personal and business
accounts, certificates of deposit, and money market and retirement accounts from
banks, savings and loan institutions, credit unions, or other institutions in which
you or your spouse has an interest.

5. Financial Statements submitted to banks, lending institutions, or any other persons
or entities, which were prepared by you or your spouse at any time during
the last five (5) years.

6. Any Loan Applications made within the last five (5) years.

7. Brokerage Statements. Monthly statements from all accounts of securities and/or
commodities dealers or mutual funds maintained by you or your spouse during
the marriage, and held individually, jointly, or as a trustee or guardian.

8. Stocks, Bonds and Mutual Funds. Certificates, if available, of accounts owned by
either spouse during the marriage or pre-owned by you.

9. Stock Options. All records pertaining to stock options held in any corporation or
other entity, exercised or not exercised.

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According to the Associated Press, A federal judge has dismissed a lawsuit filed by the National Center for Men, dubbed "Roe v. Wade for Men".   The father of the child claimed that he should not have to pay child support to the mother of the child because she knew good and well that he didn't want to have a child and she assured him that she couldn't get pregnant because of a medical condition.

He argued that if a pregnant woman can choose amoung abortion, adoption, or rasising a child, then a man in an unintended pregnancy can bail out on supporting the child under the equal protection clause of the U.S. Constitution.   After the father sued the state over the $500 per month support order,  the judge rejected the argument because the father "failed to see that the state played no role in the conception or birth of the child, or in the decisions that resulted in the birth of the child."

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