Many civil legal matters can be handled by a military legal assistance attorney at no cost to servicemembers. Civil matters include landlord-tenant disputes, wills and trust, family law (including divorce, separation, custody, and child support), naturalization, consumer issues (including debt collection, consumer scams, identity theft), powers of attorneys, advanced …
Kerry L. Erisman is a military spouse, Dad of two awesome teenage boys, Army retiree after 28 years of active duty service, attorney, and Associate Professor with American Military University. He writes and teaches on important military spouse issues including leadership, critical thinking, and …
The military can be a difficult lifestyle for a family, but it does come with some excellent benefits.Some of those are in the form of cash, and some …
If you do not agree to a no adultery clause, you cannot, in the eyes of the military, be a spouse. No DEERS. No Tricare. No SGLI. Adultery and the resulting divorce take a toll on our military by ...
To receive any military benefits, military family members must be registered in the military's personnel system, the Defense Enrollment Eligibility Reporting System (DEERS), and receive a military ID card. To do that you need to be the service member's spouse or child.
Every military service member receives at least a base pay. Most also receive a variety of allowances, special pays and bonuses de pending on things like deployment, paygrade and military job. For most married service members, those allowances include Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH).
The programs MWR funds and manages on base are often much more affordable than their off-base counterparts because the government subsidizes their costs. MWR manages most recreation on every base, including gyms, pools, bowling alleys, horse stables, event centers, golf courses, discounted equipment rentals and more.
Military Shopping Benefits. Known as "non-monetary compensation," military shopping benefits help military families save money on the things they want or need. Most bases worldwide are home to a military commissary operated by a government organization called the Defense Commissary Agency (DeCA).
The military can be a difficult lifestyle for a family, but it does come with some excellent benefits. Some of those are in the form of cash, and some are in the form of discounts. In addition to the bi-monthly paycheck, military service members receive benefits like money for housing, subsidized groceries and healthcare.
Most military bases have a variety of full-time or hourly daycare center s. The costs of these are based on a family's total income, not just the service member's paygrade. Waiting lists at these centers can be long, so the military also allows families to use subsidized in-home daycares that have been officially approved. If you don't live near a base or there are no on-base daycare center spots available, the military will also subsidize the cost of care at certain off-base, civilian daycares that have become a part of their network.
If you don't live near a base or there are no on-base daycare center spots available, the military will also subsidize the cost of care at certain off-base, civilian daycares that have become a part of their network. Finding military childcare can feel difficult, but this tutorial can help you.
If you do not agree to a no adultery clause, you cannot, in the eyes of the military, be a spouse. No DEERS. No Tricare.
The current rules about infidelity in the services should stand. Adultery is against the UCMJ (Article 134) and for good reason. I'm just wondering what would happen if there were similar rules or regulations for spouses, too.
Specifically, military spouses are allowed to keep their military spouse’s medical benefits if the marriage lasted at least 20 years and the service member performed at least 20 years of military service prior to the couple’s divorce.
Even in a military divorce, most property and support issues are governed by your state’s laws. The residency rules of your state will determine where you can file for divorce. Moreover, your own unique circumstances and state’s laws will determine the amount of support you receive or pay in your divorce.
Under the DFAS, a divorcing couple must obtain a court order to divide the military member’s benefits. A recipient spouse won’t receive payments directly from DFAS unless certain requirements are met. If you have questions, it's important to speak to an attorney who is experienced in military divorce.
For example, in community property states like Texas, community property will be split in half. If a court decides that a spouse’s military benefits aren’t community property, the civilian spouse could lose out on a large portion of the couple’s marital estate.
Military Divorce and Spousal Support. Members of the military are subject to special rules when it comes to divorce. Continue reading to learn more. By Kristina Otterstrom. Updated: Feb 28th, 2019. Although divorce and spousal support are generally governed by your state’s rules, military members are subject to special rules in divorce ...
Federal military laws don’t set guidelines on alimony awards, although a veteran can’t be ordered to pay more than 50% of his or her income toward support. Sometimes military benefits are tied into spousal support awards.
However, states still maintain control over the division of military assets in a divorce. A veteran’s earnings and retirement pay may be considered separate or marital property depending on your state’s laws and your own unique circumstances. Separate property refers to property that was acquired by one spouse prior to the marriage or by a gift ...
When the military family no longer lives in that resident state, to qualify under the MSRRA, all of the following conditions must be met: The service member is stationed, in compliance with military orders, in a state that is not their resident state. The nonmilitary spouse is in that state solely to live with the service member.
The Military Spouse Residency Relief Act (MSRRA) allows a nonmilitary spouse of a service member to keep the same resident state of the military spouse regardless of which state they live in. The Veterans Benefits and Transition Act allows that choice to be made regardless of when they were married.
IMPORTANT: When living in a non-resident state, the spouse needs to check the state laws to determine if they need to declare their non-residency for withholding purposes. This may be required by their employer on an annual basis.
Military Spouses and State Taxes. Active duty service members have always been able to keep one state as their state of legal residency (usually their Home of Record) for tax purposes even when they move frequently on military orders. A state of legal residence (SLR) is also considered their "domicile" or "resident" state.
If deployment is to a location where the spouse isn't allowed to follow, it doesn't affect their MSRRA eligibility. The spouse clearly establishes the new state as a state of residence. This includes an action like applying to vote in that state.
If a commanding officer receives a complaint of non-support, they are supposed to require the service member to prove that they are supporting their family. The commanding officer is not permitted to define what level of support is considered adequate.
Army Regulation 608-99, Family Support, Child Custody and Paternity, addresses the issue of family support. I find this regulation to be wordy and a bit confusing. There are some parts that are perfectly clear, however, including this (from Paragraph 1-5-b):
The good news is that there isn't a lot of guesswork involved: every service has some sort of regulation that addresses this issue. In general, service members are required to provide some support to their family. The details vary markedly between the services, though, so be sure to get the right information for your branch.
The military services does not intend these guidelines to be used in place of appropriate civil judgments, but rather to bridge the time between a separation and legal action. It is in both parties' best interest to come to an outside agreement or pursue the issue through the civil courts or administrative departments.
If his chain of command is not assisting you, contact the Chaplain for his unit. The Chaplain can often act as a mediator and can help to resolve the situation. If both of those avenues fail, contact JAG.
Stacey's husband joined the Army in 2003 and was medically retired after four deployments. They live in north Georgia with their son and she now manages digital marketing for a national retailer. She enjoys continuing to support Army spouses and families in their journey through Army life.
While they generally cannot assist you in divorce proceedings (not always the case), they can lead you in the right direction. Your soldier has an obligation to continue to support you while you are married as he is receiving allowances for being married and he is certainly obligated to support his children.