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CONCERNS REGARDING A MILITARY DIVORCE

CONCERNS REGARDING A MILITARY DIVORCE. 1. Jurisdiction 2 . Service of process 3 . Servicemembers Civil Relief Act (SCRA) 4 . Pay – LES 5 . Support 6 . Benefits 7 . Retirement. JURISDICTION. GA = 6 MONTHS DOMICILE GA= 12 MONTHS IF STATIONED AT MILITARY INSTALLATION IN GA

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CONCERNS REGARDING A MILITARY DIVORCE

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  1. CONCERNS REGARDING A MILITARY DIVORCE 1. Jurisdiction 2. Service of process 3. Servicemembers Civil Relief Act (SCRA) 4. Pay – LES 5. Support 6. Benefits 7. Retirement

  2. JURISDICTION • GA= 6 MONTHS DOMICILE • GA= 12 MONTHS IF STATIONED AT MILITARY INSTALLATION IN GA • HOME OF RECORD • MINIMUM CONTACTS

  3. SERVICE OF PROCESS • ACKNOWLEDGE • OFF POST • ON POST • CONTACT COMMAND • ASSIST- AVAILABLE FOR SERVICE OF PROCESS

  4. SERVICEMEMBERS CIVIL RELIEF ACT(SCRA) • DEVOTE ENTIRE ENERGY TO DEFENSE NEEDS OF THE NATION • STAY OF PROCEEDINGS • 90 DAYS • SIGNIFICANTLY AFFECT SERVICEMEMBERS RIGHTS

  5. PAY- LES • STATE LAW DETERMINES WHAT IS INCOME • GA= MILITARY COMPENSATION AND ALLOWANCES. Income for a parent who is an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the merchant marine of the United States, the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, the National Guard, or the Air National Guard shall include: • (i) Base pay; • (ii) Drill pay; • (iii) Basic allowance for subsistence, whether paid directly to the parent or received in-kind; and • (iv) Basic allowance for housing, whether paid directly to the parent or received in-kind, determined at the parent's pay grade at the without dependent rate, but shall include only so much of the allowance that is not attributable to area variable housing costs.

  6. Except as determined by the court or jury, special pay or incentive pay, allowances for clothing or family separation, and reimbursed expenses related to the parent's assignment to a high cost of living location shall not be considered income for the purpose of determining gross income.

  7. SUPPORT • NO COURT ORDER • EACH BRANCH HAS IT’S OWN REQUIREMENTS • ARMY = AR 608-99 • PUNISHMENT UNDER UCMJ • COMMAND

  8. BENEFITS • PRIVILEGES- PX AND COMMISSARY • MEDICAL- TRICARE • 20/20/20= FULL • 20/20/15= AFTER 4/1/85= 1 YEAR • TRANSITIONAL= PREMIUM PAYMENTS

  9. RETIREMENT • UNIFORMED SERVICES FORMER SPOUSE’S PROTECTION ACT 10 U.S.C. §1408 • 10 YEAR RULE • SPECIFIC WORDING FOR DFAS • $ OR % • DD FORM 2293 • REMARRY

  10. MARK SULLIVAN, THE MILITARY DIVORCE HANDBOOK, PUBLISHED BY ABA SECTION OF FAMILY LAW http://www.dfas.mil/ HELPFUL RESOURCES

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