Encinitas Divorce Lawyer Addresses Special Issues in Military Divorce Cases
Unfortunately, military families often face an uphill struggle when it comes to keeping the family together. The stressors associated with military life often result in unhappy marriages, dissatisfied spouses, and unfortunately, ultimately divorce or legal separation. Military Divorce brings with it a unique set of issues often not present in civilian divorce cases. These issues are directly related to the benefits, lifestyle, and obligations of the military spouse.
Child Custody Issues In Military Divorce
Child custody issues are unique for military families due to the work schedule of the military spouse as well as the potential for deployment. Further, often military families are stationed in an area that they may not have otherwise lived. In cases like this, often the non-military spouse will seek to move back to his or her home state. Due to the work schedule and opportunity for deployment of the military spouse, a co-parenting plan that will provide for equal time between the parents is difficult to negotiate. The parents should always try to work together to figure out the best schedule for the children considering the circumstances. However, if push comes to shove, the military spouse may want to seek support from his or her command in order to regulate work schedule and avoid the potential for deployment if that parent seeks to pursue a schedule close to 50/50 custody.
Spousal Support and Child Support Issues In Military Divorce
Spousal support and child support orders made during the pendency of a military divorce are generally made according to a California Guideline. This guideline takes into account the gross income of each spouse. For military members, this income includes non-taxable entitlements called Basic Allowance for Housing (BAH) and Basic Allowance for Sustenance (BAS) in addition to special duty pay such as hazardous duty pay and family separation pay during deployments. This non-taxable income greatly increases the amount of support ordered. It is very important that military members have realistic expectations when it comes to the issue of family support. It is also important that military spouses are educated when it comes to what they are entitled to receive. The San Diego Divorce Lawyers at Griffith & Young can help you better understand your rights and responsibilities.
Military Retirement Division
California community property law governs the division of military retirement for active duty and retired service members who reside in the state of California. According to California law, the non-military spouse is entitled to an interest in the service member’s retirement benefits so long as at least a portion of those benefits accrued during the marriage. The caveat here is that the military spouse, if he or she has maintained “home of record” status in another state, may object to California community property law being used to divide his or her retirement. However, if the right to transfer this issue to the home of record state is not preserved in a timely manner, this right may be waived. The issue of military retirement is often a highly contested issue in California divorce cases. The divorce lawyers at Griffith & Young are skilled and experienced at handling military divorce issues.
John Griffith, an Encinitas Divorce Lawyer, and U.S. Military Veteran, has represented clients in military divorce cases for several years. His knowledge and experience has helped service members and their spouses reach fair results in family law matters throughout San Diego County. If you are in need of advice or representation in a military related family law matter, call Griffith, Young & Lass today at 858-345-1720 for your free consultation.