Making sure your kids’ financial future is stable is one of your greatest concerns when divorcing. Florida statutes provide guidelines for determining an amount of child support, and the calculation is complex. When one of the parents is an active duty military member, that calculation can become even more complex.
The child support guidelines take into account things such as the income of each parent, the needs of the child, whether there are any special emotional or medical needs, and any child care expenses. You can ask the Court to deviate from the guidelines, but must present evidence in support of the deviation. When there is a parent on active military duty, the Court should consider:
● Any amount paid to the service member for a housing allowance.
● Any amount of… Continue reading
When a couple files for divorce, the issues differ from case to case. Not all marriages produce children, some couples are lucky enough to have no debt to divide, and others must tackle the issue of property division. Another unique factor is that of the military serving spouse. Divorces involving one or more service members present issues only seen when Uncle Sam is part of the mix.
A few common issues that arise for military members seeking divorce include:
● Service of process on an active duty service member
● Division of military retirement plans
While the parties will still have to decide visitation, custody, support and other issues nonmilitary members face when divorcing, perhaps one of the biggest issues is making sure an active duty member is afforded the legal protections provided them under the law. The Servicemembers Civil Relief Act… Continue reading