Divorce in Military families- What are the differences ?
The spouses need to file the divorce in the state where they have the residence, the person who wants to start the divorce files in the state he/she lives. The federal Law that divides the military pensions is the “Uniformed Services Former Spouses’ Protection Act” (USFSPA), this federal law states that the state where the military member resides, only has the power to divide the military pension in the divorce. Due to this before filing a divorce in any state, you need to be informed in how that state will file the divorce and the division of everything.
How is child support determined?
The amount will be determined by state law, one the amount has been set by court only the court can change it, and by law another hearing will be required. Service members are required to provide adequate child support for their children. Later the court that handles the divorce can make its own decisions of how much it should be paid, based on the law of each state.
Dealing with military pensions is complicated. Get help from a lawyer who has experience with dividing military retire pay.
Quiñonez Law firm is here to help.