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TEXAS FAMILY LAW IN THE MILITARY COMBAT ZONE

TEXAS FAMILY LAW IN THE MILITARY COMBAT ZONE. EL PASO PARALEGAL ASSOCIATION JULY 15, 2010 EL PASO CLUB, 18 TH Floor 201 East Main EL PASO, TEXAS. DONALD LEON WILLIAMS Law Offices of Donald L. Williams 2829 Montana Ave., Suite 204 El Paso, Texas 79903 (915) 564-5559 Office

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TEXAS FAMILY LAW IN THE MILITARY COMBAT ZONE

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  1. TEXAS FAMILY LAW IN THEMILITARY COMBAT ZONE EL PASO PARALEGAL ASSOCIATION JULY 15, 2010 EL PASO CLUB, 18TH Floor 201 East Main EL PASO, TEXAS DONALD LEON WILLIAMS Law Offices of Donald L. Williams 2829 Montana Ave., Suite 204 El Paso, Texas 79903 (915) 564-5559 Office (915) 562-1224 Fax

  2. KNOW THE CULTURE OF YOUR CLIENT • JURISDICTION • SERVICE OF PROCESS • SERVICE MEMBERS CIVIL RELIEF ACT • ARMY FAMILY SUPPORT REQUIREMENTS • ESTABLISHMENT,COLLECTION AND ENFORCEMENT OF CHILD SUPPORT • UNIQUE PARENT-CHILD ISSUES • MILITARY RETIREMENT, CALCULATION, DRAFTING,ACCEPTANCE, CLARIFICATION AND ENFORCMENT • FAMILY RELATED ASPECTS OF THE UCMJ • TEXAS FAMILY CODE PROVISIONS AND THE MILITARY • NEW FAMILY CODE PROVISIONS SPECIFICALLY AFFECTING THE DEPLOYED MILITARY (Effective 9/1/2009 • KNOW YOUR RESOURCES • FAMILY CARE PLAN • ADOPTION REIMBURSEMENT PLAN • USERRA-UNIFORM SERVICES EMPLOYMENT AND REEEMPLOYMENT RIGHTS ACT OF 1994 38 U.S.C. Chapter 43 • CONCLUSION

  3. Representing military personnel and their family members in Family Law related matters can be rewarding, fulfilling and one of the most challenging legal undertakings presented to the Family Law Practitioner.

  4. KNOW THE CULTURE OF YOUR CLIENT

  5. JURISDICTION

  6. SERVICE OF PROCESS

  7. SERVICE-MEMBERS CIVIL RELIEF ACT (SCRA)

  8. FAMILY LAW ISSUES FACING THE MILITARY ARMY FAMILY SUPPORT REQUIREMENTS (AR 608-99)

  9. ESTABLISHMENT, COLLECTION AND ENFORCEMENT OF CHILD SUPPORT

  10. UNIQUE PARENT-CHILD ISSUES

  11. MILITARY RETIREMENT CALCULATION, DRAFTING, ACCEPTANCE, CLARIFICATION AND ENFORCEMENT 10 Year Rule HIGH 3 SBP 20/20/20 Rule 20/20/15 Rule Concurrent Receipt Combat Related Disability Pay DFAS

  12. FAMILY RELATED ASPECTS OF THE UCMJ

  13. TEXAS FAMILY CODE PROVISIONS • Section 6.303 of the Texas Family Code is entitled “ABSENCE ON PUBLIC SERVICE” • Section 6.304 of the Texas Family Code “ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS” • Section 153.3161 of the Texas Family Code is entitled “POSSESSION DURING MILITARY DEPLOYMENT” REPEALED, Effective 9/1/2009 • Section 156.105 “MODIFICATION OF ORDER BASED ON MILITARY DEPLOYMENT” • Section 156.410 “CHANGE IN CIRCUMSTANCES RESULTING FROM MILITARY SERVICE”REPEALED, Effective 9/1/2009

  14. NEW FAMILY CODE PROVISIONS SPECIFICALLY AFFECTING • Effective 9/1/09 • Section 153.3161 of the Texas Family Code is entitled “POSSESSION DURING MILITARY DEPLOYMENT” • Section 153.3162 Additional Periods of Possession Or Access After Conclusion of Military Deployment. Effective 9/1/09” • Section 153.3161 of the Texas Family Code is entitled “POSSESSION DURING MILITARY DEPLOYMENT” REPEALED, Effective 9/1/2009 • Section 153.701 Military Duty – ADDED • Section 153.702 Temporary Orders

  15. NEW FAMILY CODE PROVISIONS SPECIFICALLY AFFECTING • Effective 9/1/09 • Section 153.703 Appointing Designated Person For Conservator With Exclusive Right To Designate Primary Residence Of Child • Section 153.704 Appointing Designated Person To Exercise Visitation For Conservator With Exclusive Right To Designate Primary Residence Of Child In Certain Circumstances • Section 153.705 Appointing Designated Person To Exercise Visitation For Conservator Without Exclusive Right To Designate Primary Residence Of Child • Section 153.706 Temporary Order For Child Support

  16. NEW FAMILY CODE PROVISIONS SPECIFICALLY AFFECTING • Effective 9/1/09 • Section 153.707 Expedited Hearing • Section 153.708 Enforcement • Section 153.709 Additional Periods Of Possession Or Access • Section 156.006(b) Temporary Orders– AMENDED • Section 156.006(c) Temporary Orders– ADDED • Section 156.101 Grounds For Modification Of Order Establishing Conservatorship Or Possession And Access AMENDED/ADDED

  17. NEW FAMILY CODE PROVISIONS SPECIFICALLY AFFECTING • Effective 9/1/09 • Section 156.102 (d) Modification Of Exclusive Right To Determine Primary Residence Of Child Within One Year Of Order – ADDED • Section 156.105 MODIFICATION OF ORDER BASED ON MILITARY DEPLOYMENT section (153.3161 REPEALED) • Section 156.105 Modification Of Order Based On Military Duty – AMENDED • Section 156.410 CHANGE IN CIRCUMSTANCES RESULTING FROM MILITARY SERVICE REPEALED

  18. NEW FAMILY CODE PROVISIONS SPECIFICALLY AFFECTING • Effective 9/1/09 • Section 161.001 Involuntary Termination Of Parent-Child Relationship – AMENDED • Section 156.105 Modification Of Order Based On Military Duty – AMENDED

  19. KNOW YOUR RESOURCES • Off Post • State Attorney General • Child Protective Services • County Attorney • District Attorney • Military Related Websites • The servicemember’s Chain of Command. • The Post Legal Assistance Office (SJA) • Claims (SJA) • Trial Defense Service • The Unit Chaplain • The Inspector General • AER (Army Emergency Relief) • Family Advocacy • Finance • Housing • Transportation • TRICARE • Red Cross • Mental Health • CID/MPs • Armed Forces YMCA • ACS (Army Community Services) • Veterans Administration

  20. RESOURCE HANDBOOKS

  21. Family Care Plan • Adoption Reimbursement • USERRA-UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 38 U.S.C. CHAPTER 43

  22. CONCLUSION

  23. TEXAS FAMILY LAW IN THE MILITARY COMBAT ZONE By Donald L. Williams Attorney-Mediator & Counselor at Law Chair, El Paso Bar Association’s El Paso Lawyers for Patriots Law Offices of Donald L. Williams Chase Bank Building 2829 Montana Ave., Suite 204 El Paso, Texas 79903 LawOffice@DonaldLWilliams.com www.DonaldLWilliams.com

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