Alan E. DeWoskin, P.C.
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Posts tagged "Military Divorce"

Military divorce, deployment and how it impacts child custody

Missourians who are in the military or are the spouse of a military member will face concerns that civilian families do not. This is especially true when there is a military divorce and the issues that accompany it are addressed. One that is concerning and complex is how child custody and visitation is dealt with during deployment. A deploying parent compounds any custody and visitation issue and can cause emotional stress and disputes. Having legal assistance from a law firm that understands the challenges that confront military families is critical from any perspective.

How much of my income is paid in support in a military divorce?

Since there are many members of the military in Missouri, it is not unusual that some of their marriages end in divorce. For those who serve, there are different rules for how a military divorce is handled. Many will have concerns regarding how much of their income they will be ordered to pay the former spouse in alimony and child support. Knowing the basics of how the amounts are determined is imperative when a military member is ending a marriage. According to the Consumer Credit Protection Act, there is a limit to what can be deducted from a person's earnings to pay alimony or child support. It ranges between 50 percent and 65 percent of their disposable earnings. The amount will vary based on the circumstances of each case.

What are key points about child custody in a military divorce?

Child custody is a contentious and difficult issue for many Missouri couples who have ended their relationship and parted ways. For those who have one or both former spouses serving in the military, it makes the situation more complicated. To navigate these issues and ensure that the parents get the amount of time they are entitled to with the child and that the child is properly cared for in a stable environment, it is important to understand various points about the entire process.

Can child support be modified due to National Guard service?

There are many members and former members of the armed forces and National Guard in Missouri. Those who are in the service will face a different set of issues than civilians when it comes to family. If it is a member of the National Guard who is married and has children, there is always a chance that the marriage will not work out and the couple will part ways. Child support and visitation rights will be part of the settlement. However, the amount that will be paid in child support is contingent on many factors including the income of the parents. There can be a modification of the amount that is ordered for many reasons. One is if a parent who is a member of the emergency military service is called to duty and there is a change in income.

What should one know about the 10/10 rule in military divorce?

Military life can be hard on families and marriages due to the travel, separation due to deployment and stress. It is an unfortunate reality that many people who are in the military will end up getting a divorce. For Missourians who were members of the U.S. Armed Forces, there are often concerns not just about how the divorce will proceed, but how benefits will be divided once the marriage is dissolved. This can depend on the amount of time the couple was married and if the marriage overlapped with the service member's time in the military.

The unique issue of pensions in a military divorce

The life of a service member can be a difficult one for not only that person, but also the family. In many cases, the challenges faced - movement to a different base or deployment - are mostly out of the hands of the military member, but can be a challenge for the entire family. Unfortunately, when it comes to divorce, these types of issues unique to service members can also creep up.

What is the USFSPA maximum payment amount in a military divorce?

When a Missouri military divorce takes place, there are many different issues that must be navigated. Some of these could be in dispute, so it is important to understand the Uniformed Services Former Spouses' Protection Act (USFSPA). Under this act, the right to distribute military pay when a service member ends his or her marriage is given to state courts. USFSPA also gives a method of enforcement via the Department of Defense (DOD). There is a limit to the amount a non-military spouse can get from the military member's pay. There is a maximum payment amount.

Data analysis shows high rate of military divorce

Divorce is often inevitable. Some people are not able to deal with differences in a marriage and the dispute gets to the point at which staying together is no longer feasible. For people in the military, this is a prevalent issue. Missourians who are in the military in any capacity should be aware of various situations that are prominent in a military divorce. One recent study highlights the problems that are inherent with military couples and their divorce rates.

Alan E. DeWoskin, P.C.
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