In a Divorce or Custody Dispute involving a parent who is in the military, it is essential to retain a lawyer familiar with military law.
Special federal laws exist that can greatly impact your case, and not all attorneys are familiar with them. For example, federal legislation entitles active members of the armed forces to delay a divorce and to court-appointed counsel in certain circumstances. A servicemember needs an attorney who is aware of these rights. On the other hand, the spouse of a servicemember also needs such an attorney in order to prevent the servicemember from unfairly taking advantage of these laws.
CHILD SUPPORT, LES, BAH AND BAS
The calculation of child support is not a straightforward task when dealing with servicemembers. It is essential that you have an attorney who understands how soldiers are paid and the host of other complexities that constitute a servicemember’s pay. Without an attorney familiar with military pay, it is very likely for a spouse to receive far less than that to which she is entitled; or, for a servicemember to be ordered to pay far more than he needs to.
In addition, your attorney must be familiar with the regulations setting forth what monies a servicemember must pay to dependents while a case is proceeding. We can speak with the chain of command on behalf of the servicemember, or the servicemember’s spouse, to help quickly resolve any under- or over-payments while the case is proceeding.
RETIREMENT AND DIVORCE
Property or Income?
Military retirement is oftentimes the largest asset (or potential asset) a military couple may own. The division of military retirement is governed by federal law and is subject to a host of rules and regulations that are quite different from pensions and retirements in the civilian world. In many cases, the servicemember may still be serving and in that case, has not yet “vested” in the retirement, meaning that it would be difficult to determine a value of the benefit upon division of the marital estate. Likewise, the retirement could be viewed as another source of income, which could be used for the calculation of child support or support alimony. If you or your spouse is in the military, it is vital that you obtain an attorney that is experienced with military divorces and understands how these rules can affect you.
EXPERIENCED MILITARY FAMILY LAW ATTORNEY
We know the military. We understand the unique issues facing both servicemembers as well as their spouses. Let us put our years of experience to work for you. Whether you are a servicemember or the spouse of a servicemember, come and talk to us. We’re here to help.
For more information, please call us for a “No Obligation” phone consultation.
Have a Question?
Don’t see your question addressed here? We are ready and willing to address your specific questions regarding military divorce Law.