Military service puts an extraordinary amount of stress upon families, so it’s not surprising that some couples choose to divorce. When that decision has been made, they are once again faced with complications most couples do not have to deal with. There are military regulations affecting benefits that can adversely affect the entire family if not handled correctly. It’s important to talk to a divorce law firm in Folsom, CA that has experience with the issues involved in a military divorce.
Where Should the Divorce Be Filed?
Military couples may have the option of filing for divorce in three states: the service member’s legal residence, the spouse’s legal residence and the state where the service member is stationed. Before proceeding, it’s important to know how each state addresses the division of military pensions. The state where the military member has a legal residence is always empowered to divide a military pension. Filing for divorce in a state that is not the legal residence of the military member may mean that the court will not be able to divide the pension (although the military member could consent to the division). It’s important to know the effect of state laws before choosing where to file.
Dividing Military Retirement Benefits
This can become very complicated, but these valuable assets need to be handled correctly. It’s important to understand how California courts will handle questions concerning military pensions and VA disability. The Survivor Benefit Plan is an important benefit for spouses that may be overlooked or mishandled by an attorney unfamiliar with these issues.
Child Support
The military requires service members to adequately provide for their children and except for the Air Force, has rules that determine how much child support is required. State laws also affect child support. Since child support is affected by the amount of the military member’s pay, the court would need to understand how this pay is calculated and could change in the future. In order for child support payments to be automatically withdrawn from the military paycheck, an order must meet the specific requirements of the Defense Finance and Accounting Service. The military member may also be required to maintain life insurance that would cover child support or alimony payments.
Visit Law Office of Hugh O. Allen if you are considering a military divorce. This Divorce Law Firm in Folsom, CA has over 40 years of experience in handling military divorces.
