Divorce can be a difficult and intricate legal procedure. When a divorce involves a spouse in the military, there are often separate legal rules and processes that apply compared to those in the civilian legal system.
For example, federal law governs military pension plans, specific child support guidelines, and military worker’s compensation. A family law attorney experienced in both civilian and military law is better equipped to represent military families during the divorce process.
Military attorneys have specialized knowledge of military laws, even if they aren’t military personnel themselves. Military divorce proceedings can become complex if there are unresolved issues concerning child custody and support. Disputes over assets and benefits, such as a military spouse’s retirement, veteran benefit payments, or healthcare benefits, can also complicate the situation.
What Are the Challenges of Military Divorces?
Filing for divorce when one or both spouses are military members may be more challenging due to geographical barriers. For instance, one or both spouses might be stationed overseas. Such cases are difficult since jurisdiction or residency requirements for divorce, child support, and custody are typically determined by one’s permanent residence, not their current station.
Another unique aspect of military divorce is the loss of military entitlements. In most situations, the non-military spouse will lose their military entitlements after divorcing their military spouse. This may include identification cards, on-base housing, healthcare, and insurance. The military member will retain their entitlements.
What are Military Romance Scams?
Military romance scams are deceptive schemes where an individual, typically located overseas, pretends to be a U.S. military service member and engages in a romantic relationship with a U.S. citizen. Scammers often build trust and create an emotional bond with their victims before requesting money or resources for various fabricated reasons. These reasons may include transportation, communication, medical expenses, or marriage costs, which are usually presented as “service-related fees.” Unfortunately, most of these fees are entirely fraudulent.
Scammers might use a variety of techniques to make their personas seem genuine, such as using stolen pictures of real military personnel, creating convincing social media profiles, and even using military jargon to enhance their credibility. They may initially establish contact through dating websites, social media platforms, or email and then communicate through instant messaging, email, or phone calls.
Military romance scams are treated as any other form of fraud and may result in criminal consequences for the perpetrators, such as jail time, fines, or restitution to the victims. However, tracing military romance scams can be challenging, as the scammers often operate from overseas locations and use untraceable communication methods and financial accounts. This makes it difficult for law enforcement to locate and apprehend these criminals.
Example
Jane, a single mother from the United States, joined a popular dating site and met someone named “John,” who claimed to be a U.S. Army officer stationed in Afghanistan. They began communicating regularly, and John shared stories about his military experiences and life on the base. He sent Jane pictures of himself in uniform, and their conversations quickly turned romantic. Jane felt she had finally found someone she could connect with and trust.
After a few months of online communication, John told Jane that he had been granted leave and would love to visit her in the United States. However, he claimed that he needed financial assistance to cover the cost of his flight, as his military pay was delayed. Jane, wanting to help the man she had fallen in love with, sent John the money he requested.
Later, John contacted Jane again, explaining that he had encountered a medical emergency that required immediate surgery. He assured her that the military would eventually cover the costs, but he needed funds upfront to proceed with the surgery. Jane, feeling concerned for John’s well-being, sent him more money.
As time went on, John continued to request financial assistance for various fabricated reasons, and Jane continued to provide the funds, believing she was helping the man she loved. After more than a year and having sent thousands of dollars, Jane began to suspect that something was amiss. She decided to investigate John’s background and eventually discovered that his pictures had been stolen from a real soldier’s social media account.
Jane realized that she had been the victim of a military romance scam and reported the case to the authorities. However, due to the scammer’s overseas location and use of untraceable communication and financial channels, law enforcement faced significant challenges in tracking down and apprehending the individual responsible for the scam.
Does Military Child Support Differ From Civilian Child Support?
As mentioned earlier, federal regulations govern all aspects of military divorce. Military courts view providing child support as a duty, regardless of whether the service member is custodial or noncustodial. In civilian courts, only the noncustodial parent is generally responsible for child support payments.
The calculation of military child support varies not only between states but also among different branches of the military.
Typically, military child support is calculated by determining the service member’s gross monthly income and applying it to the attorney general’s tax chart. That number is then multiplied by a specific percentage for each child receiving support.
It is crucial to note that child support orders can be enforced regardless of the service member’s location, including the United States and abroad. Additionally, federal law allows for wage garnishment for child support payments, whether the service member is active or retired.
Will Military Service Interfere With Legal Rights?
Military life can be demanding, and many service members worry that their legal rights may be compromised. However, military service members are often provided additional protections not available to civilians to safeguard their legal interests.
Some common and essential additional protections include:
- Stays: If military service prevents a service member from actively participating in or preparing their legal case, the military may grant them a stay of service, usually the duration of service plus sixty days. A judgment or wage garnishment may also be stayed if the service member’s compliance is materially affected by their military service;
- Absence: If the service member is absent, counsel must be appointed on their behalf to request a stay; and
- Default Judgment: Service members always have the option to reopen any default judgment under specific circumstances. If the service member can prove the following, they may be able to reopen the default judgment:
- There was no appearance in court;
- There is a legal defense that the service member can assert, but they were not given the opportunity to do so; and
- The service member’s military service affected their ability to present their defense.
Do I Need an Attorney?
As you can see, divorces can become even more complex when one or both spouses are in the military. Therefore, you may want to consult with a skilled and knowledgeable family lawyer who is familiar with both military and civilian law. An experienced military family law attorney can inform you of your legal rights and any potential legal remedies that may apply to your specific situation.
You don’t have to face your issues alone. Use LegalMatch today to find a lawyer who can help settle your military family law case.
