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Mt. Vernon, Jefferson County, Illinois Scott Air Force Base Lawyer

Mt. Vernon, Jefferson County, Illinois Scott Air Force Base Lawyer

 

BEING IN THE SERVICE

Being a service couple does not exempt the parties from the requirements as civilian couples must meet when filing for divorce.

UNIFORMED SERVICES FORMER SPOUSES’ PROTECTION ACT (USFSPA)

The USFSPA applies to all active duty, reserve/guard and retired military, the U.S. Coast Guard and members of the U.S. Public Health Service (USPHS) and Nation Oceanographic and Atmospheric Administration (NOAA).

ISSUES THAT MAY IMPACT MILITARY DIVORCES

Issues that may impact military divorces include procedural requirements, property distribution, child support and/or maintenance, insurance and benefits, pensions and retirement.

MILITARY ISSUES

Issues unique to the military may include taxable and nontaxable income, the differences between BAH and BAH II, military rank, longevity, pay and allowances, BAS (Basic Allowance for Subsistence), etc.

MILITARY RETIREMENT

There can be issues in regard to the military retirement calculation, drafting, acceptance, clarification, enforcement and pre-dissolution and/or post-dissolution issues.

MILITARY PENSIONS

Military pensions are subject to different rules than Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions.

JURISDICTION REGARDING CASE AND PARTIES

A Court may have jurisdiction over the parties, but not the property, including certain properties located in a different state.

SERVICE OF PROCESS

In regard to the parties, service of process can be an issue in regard to where the parties may be located.

THERE MAY BE ISSUES UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT

There could be child support issues with respect to the military, and there may be other agencies or entities involved in regard to child support issues for military families.

RESOURCES

Resources may include the service member’s Chain of Command, Post-Legal Assistance Office (SJA), Claims (SJA), Trial Defense Service, The Unit Chaplin, The Inspector General, AER (Army Emergency Relief), Family Advocacy, Finance, Transportation, TRICARE, Red Cross, Mental Health, CID/MPs, Armed Forces YMCA, ACS (Army Community Services), Veterans Administration.

MILITARY LAW MATTERS

Military retirement, military pensions, alimony/maintenance and child support, military divorce and separation, administrative separations, administrative hearings, etc.

SPECIAL RULES FOR ALIMONY/CHILD SUPPORT

The determination of income and collecting support can be more complicated because of regulations governing retired members of the military. “Disposal retirement income” is important in establishing support orders with respect to retired military personnel.

ADULTERY IN THE MILITARY

The elements of proof for the offense of Adultery in the military includes that the accused wrongfully had sexual intercourse with a certain person, that at the time the accused or the other person was married to someone else and the conduct of the accused was to the prejudice of good order and discipline in the armed services or was of a nature to bring discredit upon the armed services.

 

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