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military issues in divorce and child custody
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Military Issues In Divorce And Child Custody

Military issues in divorce and child custody arise when one or both parents are currently or former members of the military.

 The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills.

Jurisdiction Is One Of The Military Issues In Divorce And Child Custody

Another issue in the military is jurisdiction.  Even when stationed to different states, the parties usually remain citizens of the state that they came from.  In determining jurisdiction, look to see which state the parties file their tax returns.  The children’s residence will be the same as their parents.  This analysis may seem odd when parties move from Ohio to be stationed in Texas.  However, if a soldier gets stationed in Germany, he surely does not become a resident of Germany by virtue of the military’s decision to have him stay there for a while.  If the soldier is served while on active duty, it is important to assert a defense to the case proceeding under the Servicemembers Civil Relief Act.  It is also important to retain an attorney immediately to assert these defenses immediately.  Any actions taken by the soldier while the case is pending and prior to asserting defenses may be construed by the court as a waiver of such defenses.

 

Attorney Daniel Gigiano.  Experienced.  Knowledgeable.  Aggressive.

If you need the services of an experienced divorce attorney, contact Attorney Daniel Gigiano at 330-336-3330 for a free initial 30 minute consultation.

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