Divorce Law and the Military

Monday, May 11th, 2009

A military divorce is different from civilian divorce. It requires a special law knowledge that’s not applicable to an ordinary kind of divorce. For example, certain circumstances entitle active members of the armed forces to get a court-appointed counsel and to delay divorce.

Also, military pensions are the one divisible during military divorce, but still subject to different rules. Child support and alimony have another set of rules as well. Collecting support and calculating income may be a little bit more complicated due to regulations governing retired or active military members.

For example, familiarity with “disposable retirement income” is the key to establish support orders when negotiating with retired military personnel. Furthermore, strategizing and planning will require a good comprehension of the special rules surrounding military divorce.

It goes without saying that hiring a divorce attorney knowledgeable in military law would be best for your case. Make sure that he or she has a copy of the “Military Retirements Benefits in Divorce” book because it’s the only authoritative book explaining this topic.

Also, your attorney should also be familiar with USFSPA (Uniformed Services Former Spouses Protection Act). Aside from division of retirement, there are other vital issues that need to be addressed.

Tags: alimony, child support, counsel, disposable retirement income, Divorce, Military Divorce, Military Retirements Benefits in Divorce, USFSPA
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Child Support vs. Alimony

Sunday, May 10th, 2009

Divorce is not just an emotional issue; it’s also an economic one. A good divorce attorney will save you more money than you realize. On the other hand, a bad one will cost you thousands just on the initial settlement.

Many financial issues revolve around the actual agreement for divorce. And the two main ones are child support and alimony. Child support payments are not deductible by the payer and not taxable to the payee.

On the other hand, alimony payments are completely different. These payments are deductible by the payer and taxable to the payee.

Fixed payments for child support are not considered as alimony. These are separate payments ruled by the divorce court as support for the child. Each state has guidelines that describe the inclusion of child support. Most of the time, the parent is willing to commit more support for the child than what’s required by the state.

But if the parent has very little income, then child support will be prioritized more than alimony. One important principle in divorce law mentions that the child’s best interest is more important. Therefore, alimony is discussed only after the needs of the child have been provided for.

Child support expenses include electricity, rent, food, and other general expenses needed to take care of your child such as repairs, laundry, and transportation. To make sure that your child is well provided for, ask the help of an experienced divorce attorney to guide you through the complicated divorce proceedings.

Tags: alimony, child support, Divorce, divorce attorney
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Final Divorce Order Changes

Saturday, May 9th, 2009

A divorce decree is often referred as “final decree” or “final order” in a divorce case. However, many aspects of this decree can still be changed under certain circumstances. Generally, if there are significant changes in the circumstances of either party, it can warrant a change in visitation order or custody. However, some states place restrictions on the reasons or number of times that any party can request a change.

For example, the non-custodial parent may petition the court to temporarily suspend or at least reduce the child support obligation if he or she loses his job. At the same token, if there is an increase in his or her income, the other party may petition for an increase in child support.

Also, if the existing visitation schedule is already unworkable (i.e. the parent moves or the child becomes involved in a new activity), then it can be modified too. The court retains jurisdiction for cases with minor children involved. It has the power to enforce visitation, custody, and child support orders through contempt actions.

To learn more about divorce modifications, ask a divorce attorney in your area. An attorney can explain to you how divorce laws may affect the process of modifying your final divorce decree.

Tags: attorney, child support, court, custody, Divorce, divorce attorney, visitation schedule
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Understanding Child Custody

Friday, May 1st, 2009

In the event of separation or divorce, child custody is necessary. It is a legal decision to determine which parent should have a legal or physical control over their children. This decision may be awarded to just one parent (sole custody) or to both (joint custody). The parents usually have a say to the awarding of child custody, however, if they can’t reach a decision, an attorney or court will intervene.

There are two types of child custody:

• Legal custody refers to all the rights (such as medical care, education, or religious affiliation) concerning a child’s upbringing.
• Physical custody is the right to physically provide a home for a child.

If custody is awarded to only one parent, the other one can spend time with the children through visitation rights. Usually, parents will determine the schedule of visitation. Although sometimes, the court may order fixed visitation schedules if there is hostility between parents.

In a custody hearing, child support will also be determined. This refers to payments (usually monthly) that the non-custodial parent needs to give in order to feed, clothe, educate, and entertain the child. This amount is typically determined by the court. It’s usually paid until the child turns 18, marries, enlists in the military, or moves out of the house.

To achieve fair and objective decisions regarding child custody, visitation rights, and support, it is best to seek help from attorneys at law in your area.

Tags: attorneys at law, Child Custody, child support, Divorce, joint custody, legal custody, physical custody, separation, sole custody, visitation rights
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