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El Paso Legal Blog

Thursday, February 22, 2018

ID card rights in military divorce

The military treats military divorce and related issues such as child support and custody disputesas matters governed by Texas and other states. However, federal military law does govern certain matters such as pay, benefits, housing and property.

The status of identification cards related to military benefits is one of these matters that is often confusing. Many active duty members incorrectly believe that they can confiscate their civilian spouse's identification when they choose because they submitted the applications for these cards.

New tax law presents alimony uncertainty

The recently-passed changes to federal tax law upturned the 75-year-old deduction for spousal support payments. The first steps at the beginning of the divorce process is preparing for the complications posed by this new law and its impact.

Beginning Jan. 1, 2019, alimony is no longer deductible to the payer and taxable as ordinary income to the payee under the Tax Cuts and Jobs Act. Guidelines and software used to calculate support payments by lawyers and judges in Texas and across the country will be outdated.

Planning for a deployment divorce

A stressful military marriage faces even more problems when an active duty spouse is on deployment. The service member may return accompanied with a desire for ending their marriage and seeking a military divorce. Their deployment time presents an opportunity for planning for this.

First, active-duty military spouses may receive free counseling before divorce. Counselors can help with caring for the children, dealing with stress and handling overwhelming issues such as a spouse's infidelity or fear or guilt over their dangerous assignment.

If you lost a loved one in an accident, what are your options?

Losing a loved one in an accident is devastating. If the negligent or reckless actions of another person robbed you of a lifetime with a family member, it is both unfair and infuriating. While nothing can reverse what happened to your family, it may be possible to seek compensation for your losses and your emotional duress associated with the fatal accident.

Through a wrongful death civil claim, grieving Texas families can hold the appropriate parties accountable for their losses. If you believe that you may have grounds for this specific course of action, you may find it useful to first seek a complete evaluation of your case. When it comes to securing the recompense you deserve, you have no time to lose in seeking the full protection of your interests.

Credit may be a casualty of a military divorce

A military divorce can have serious consequences on matters such as access to military retirement and child custody. A divorce may also diminish the combined credit strength of two spouses. Loss of a good credit record can follow divorce unless a spouse prepares.

Specifically, for members of the military, credit and financial issues are even the top reason for losing security clearances. A credit record may determine whether a spouse is eligible for loans that can help them finance their post-divorce life.

New child support law for 2018

Texas changed its child support requirements for 2018. New support guidelines and other requirements may complicate negotiations over support, parental access and other issues.

Beginning Sept. 1, 2018, courts will change the way that they approve child support modifications when they agree to an amount that does not meet Texas Family Code guidelines. The new law allows modification only if the parents agree to a different amount of support and there was a substantial and material change of circumstances for the child or a person affected by the order.

Smartphone espionage and divorce

Divorce in Texas had to address evolving technology and deal with issues such as social media. Digital spying is a new problem which has become one of the evolving divorce legal issues.

This technology is usually inexpensive and readily-available. These include the GPS tracker, the Find MyiPhone feature and spyware that can be installed in a spouse's computer, phone or vehicle.

Credit is a possible divorce casualty

In Texas, divorce has all sorts of consequences in addition to emotional distress. Spouses, among their first steps, should also understand that its financial impact can also lower a spouse's credit score long after the divorce decree is issued.

First, a spouse may have to refinance their mortgage. This can lead to a hard credit inquiry and can add additional debt to a person's finances.

The ability to pay does not equal the ability to parent

When parents are considering divorce, there may be a lot of talk about child support. However, that conversation is typically about money. While financial provision is essential for a child, there are other ways in which parents support their children.

You may be among those parents, typically fathers, who feel that they have more to offer their children than a monthly check. As much as you may be willing to provide financially for your children, a financial hardship does not make you a bad parent. Nevertheless, the Texas family court system may not see it that way.

What makes a military divorce different from a civilian divorce?

Divorce is an event that can impact any married couple. Even those with a spouse in the military can endure the same ups and downs as a civilian couple. And, while a military divorce is no more emotionally complicated than a civilian divorce, it can be more complex due to the special rules and regulations that apply to them. Military laws control certain aspects of the divorce, making it vital that divorcing spouses understand how these are applied and how divorce issues can be resolved.

What makes a military divorce different from a civilian divorce? To begin, the laws of the state in which the divorce is filed will govern a civilian divorce. In contrast, state and federal laws govern a military divorce. Federal laws typically apply when it comes to which state the couple files in and how a military pension is divided between spouses. In a military divorce, state laws control matters such as alimony and support.

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