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Questions about Military Divorce Law

Military divorce is different with its own unique rules regarding division of military pensions, residency requirements for filing for divorce, certain legal protections for the military member and emergency court orders pertaining to child support. Once you become familiar with the military divorce laws and federal laws that apply during a military divorce the divorce process is pretty straightforward. Below are five of the top military divorce questions that have been answered by the Military Lawyers on JustAnswer.

In a military divorce, is a spouse entitled to Tri-Care medical insurance coverage?

The courts do not have jurisdiction over Tri-Care medical coverage. A court could require the purchase of a similar policy, but you have to actually qualify under the Tri-Care policy law to have coverage. If you've been married for 20 years simultaneous with 20 years of military service, then you could merit Tri-Care coverage on your own. If you were close to reaching that mark but were forced to divorce due to physical abuse, and you can have the court state that in the decree, then you can make a claim for Tri-Care and are likely to obtain it.

If a dependent child is eligible to receive back support payments from their spouses BAH, can they specify they want back spousal and child support for the years not paid?

You can seek retroactive child support from the date of separation. Based on the amount that you should have been receiving if was calculated correctly including the BAH income, provided that he was paying the child support voluntarily as opposed to a court order. If the support was court ordered, you would only be able to have it recalculated (increased) from this point forward and not retroactively.

How much should a military divorce lawyer costs in San Antonio Texas

Divorce lawyers have the right to charge their own set fees. Each lawyer can have different charges, regardless of where they practice. If you have questions regarding military divorce laws, the Military Lawyers JustAnswer can help answer your questions.

If someone just PSC’d from overseas this week and currently lives in MD, home address record is TN, what state would they file for a divorce?

You will need to file in the state that you are a resident of and the state you pay taxes and vote in.

If someone has been married for 20 years, the spouse is active duty in the military, what can the filing spouse expect for child support and alimony after the spouse's retirement in North Carolina?

Child support and alimony (spousal support) will be controlled by North Carolina divorce law (assuming the divorce occurs in that state). In general, child support in North Carolina is most often settled by the parents of the child by agreement, pursuant to the North Carolina Child Support Guidelines. The guidelines provide detailed instructions for those families with incomes of less than $300,000 per year. If parents cannot reach agreement, the court will make the decision for them, again based on the state’s Child Support Guidelines. Spousal support (alimony) is money one spouse pays to the other, by agreement or court order, for support and maintenance after a divorce. For a court to award alimony and/or PSS, the court must find that there is a supporting spouse and a dependent spouse. And that the dependent spouse's financial resources are not enough to meet his/her reasonable monthly needs and personal living expenses; and the supporting spouse has the ability to pay. Alimony can be paid as a onetime lump sum payout or payments over time (monthly payments). How much to pay and how long to pay are issued to be resolved between the parties or by the Court.

Since military divorce laws are different than regular divorce law, you may have many questions that need answered. Military Lawyers on JustAnswer are always ready to answer your military divorce questions.
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