Understanding Property Division and Support Obligations in Military Divorce
With more than 30 years of military service and family law experience, Hugh O. Allen understands how active or retired military personnel and their spouses can encounter complications with the financial issues presented by divorce. If you need advice about the best ways to approach and resolve property division, spousal support or child support problems in a military divorce, contact Hugh O. Allen, Attorney at Law, in Rancho Cordova.
California Military Divorce Law Firm: Call 866-720-3666 or 916-436-1517
For active duty personnel, several factors can make financial issues difficult to resolve. For purposes of community property division, a California family court might not have jurisdiction over personal property or real estate that the servicemember owns or maintains in another state. The resolution of disputes over property division can also be complicated by rights under the Servicemembers' Civil Relief Act (SCRA), which limits the ability to litigate disputes with military personnel on active deployment.
Many servicemembers are unpleasantly surprised by the amount of child support they owe upon return from a deployment. Because many allowances and pay enhancements shown on the Leave and Earnings Statement are tax exempt, many people assume that the various kinds of deployment pay are also exempt for purposes of calculating child support. This is not the case. Any servicemember who owes child support through divorce or paternity proceedings should get legal advice about the proper amount as soon as possible, especially prior to departure.
Special Property Division Issues Can Come Up in Long-Term Military Marriages
Retired military personnel and their spouses have a different set of financial considerations to deal with. The longer the marriage lasted during a period of active service, the more the nonmilitary spouse is protected for sharing in military retirement benefits.
If the marriage lasted 20 years or longer during active service, a nonmilitary spouse not only has the right to direct payment of a share of the pension from a military pay center; he or she may also entitled to additional benefits such as commissary rights and medical care. Our lawyers can explain just how these considerations will apply on either side of a divorce involving retired career personnel.
To find out more about the special financial issues that can come up in a military divorce and the best ways to deal with them, contact a Sacramento military family law attorney at the office of Hugh O. Allen, Attorney at Law.
This does not constitute a guarantee, warranty, or a prediction regarding the outcome of your legal matter.
