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Military Family Law Archives

Monday, July 16, 2018

Texas military divorce: Increase in rate for female troops

The Pentagon maintains data in its personnel system that reflects the number of troops that were married in Texas and elsewhere around the country at the beginning of the fiscal year and those who ended a marriage during the year. The Defense Manpower Data Center uses these numbers to calculate a military divorce rate. The overall rate for 2016 was 3.1 percent, reflecting a slight change from the 3 percent rate in 2015. This statistic is analyzed further by separating the divorce rate data for male and female troops.

Military divorce case being heard by Supreme Court

Any Texas couple going through a divorce knows that it can be a complicated process. But when one or both of the spouses are in the military, there are several unique issues to consider. Recently, a lawsuit involving military divorce made it all the way to the Supreme Court.

Supreme Court to consider military divorce and disability pay

Texas couples in the military are no strangers to marital trouble. Like any civilian divorce, a military divorce often centers around the division of assets. Something that is not up for dispute, however, is the pension a servicemember receives at retirement. The Uniformed Services Former Spouses' Protection Act (USFSPA) requires that the pension be divided equally with a civilian spouse after they divorce.

Servicemembers Civil Relief Act postpones civil proceedings

When a person in Texas enlists in the military, he or she often makes many sacrifices in the line of duty. In addition to the obvious risk of life and safety, a servicemember's obligations may place a strain on his or her family or jeopardize his or her financial situation. To protect the men and women who serve this country, Congress enacted the Servicemembers Civil Relief Act.

Soldier fights for parenting time between deployments

In Texas, when a relationship sours, the result may be an escalation of disagreements. There are two sides to every story, and when parenting time is in dispute, the battle is often fought with claims and counterclaims. One man, a soldier in the United States Army, is currently fighting against the odds for custody of his daughter, but the child's mother claims he is not what he pretends to be.

Military divorce amendment may change division of retirement pay

Divorce among military families in Texas is not uncommon. Military life is stressful because it often involves moving frequently and leaving civilian spouses alone during deployments. For decades, military divorce has had protections in place for the spouses of those in uniform, on the premise that those spouses often sacrifice their own careers for the career of the one who is serving. Those protections may be changing, and some in the military feel those changes are a good thing.

Texas child support payments may affect credit reports

In Texas, a non-custodial parent who is ordered to send regular payments to support a child must take that obligation seriously. Not only may the money be needed for the child's basic necessities, failure to keep up with child support payments may have an adverse effect on one's credit rating. In fact, child support delinquencies may damage one's credit even more seriously than missed car or mortgage payments.

The many challenges of a military divorce

When military couples in Texas get divorced, state law governs the proceedings. However, the division of retirement money and the benefits to which the former spouse will be entitled is guided by the provisions of federal law. Each case of military divorce is unique, and state awarded benefits are not necessarily guaranteed.

Creating a visitation plan in military divorce may be challenging

In addition to the stumbling blocks associated with child visitation after a divorce, military parents in Texas commonly have to deal with additional issues. When creating a visitation plan in a military divorce, attention must be paid to potential transfers to other states, even deployment to other countries. In these circumstances unstructured visitation plans in which visitation is worked out between parents to suit the circumstances may be more effective than structured plans that may not be practical. Although child custody is governed by the state, addressing these issues in the visitation plan may avoid arguments at the time when a parent is deployed or transferred.

Military divorce: Child support and custody present challenges

When military parents decide to file for divorce, they typically have to face more stumbling blocks than most other parents. Many people believe that a military parent will never be awarded primary child custody federal and state child custody laws also govern military families in Texas. The problems associated with child custody and military parents come in when parenting and visitation plans have to be drafted. When it comes to child support, though, the military has regulations for cases in which there are no child support orders in place.

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