How Do I Sue For Support If My Partner is an Active Service Member?
A military divorce is a special thing, and occurs when one or both the partners are in the military.
The steps of the divorce are the same as those undergone by civilian couples but there are a few additional steps that include the military retirement plans, the question of deployments, geographical separation, amongst others.
Spousal Support You want spousal support from your wife who is in the military, and don't know how to go about it.
Well the first thing you must know is that the branch of the military determines the kind of spousal support that must be paid.
For example if your wife is in the Navy then the standard guidelines of this branch decide the spousal support.
If your wife is in the Air Force, then it would be dependent on the court of law to decide as to what the spousal support should be.
The Disbursement of Support While claiming support from your military wife, you must understand that your monetary support will be based on a few innate factors; first and foremost being the gross pay that has been listed on the Leave and Earnings statement.
This statement includes everything right from, the subsistence and housing allowances to basic pay and also the cost of living stipend that is dependent on the areas in which she has been stationed, if outside the country.
Military Benefits The reason why you must sue for support from your wife is because the Uniformed Services Former Spouse Protection Act (USFSPA) makes it possible for you to do so.
You as a husband will be eligible for complete medical, commissary, and exchange privileges if you come good on certain requirements, which are: -You were married for a minimum of twenty years -20 years of services were performed by your wife, which in turn qualifies them for retirement benefits.
-There was a minimum of 20 years of overlap of the military service and the marriage.
Bear in mind that if you remarry, these benefits will be terminated.
The Duty The basic fact of the matter is that all military members whether male or female are duty bound to provide support not only for their children but also for their spouses.
At times, their wages are garnished to ensure that he or she can support the periodic payments due in this regard.
You, as an ex-husband should also know that if you are looking for child support then the figure cannot exceed 60% of the military spouses pay and allowances.
The Right Information If and when you want to sue your wife for spousal support, you must first try and understand the ins and outs of this action.
This is because when you are dealing with the military you need to have in-depth information about the special laws, policies and rules and regulations that govern its divorce proceedings and the awarding of spousal support.
It is best that you take the help of a lawyer who is an expert at military divorce.
You must first take all the advice you can, and then formulate your plan of action.
It is important that you have a water-tight case if you are looking to sue your wife who is in active service with the military and ask for support.
The steps of the divorce are the same as those undergone by civilian couples but there are a few additional steps that include the military retirement plans, the question of deployments, geographical separation, amongst others.
Spousal Support You want spousal support from your wife who is in the military, and don't know how to go about it.
Well the first thing you must know is that the branch of the military determines the kind of spousal support that must be paid.
For example if your wife is in the Navy then the standard guidelines of this branch decide the spousal support.
If your wife is in the Air Force, then it would be dependent on the court of law to decide as to what the spousal support should be.
The Disbursement of Support While claiming support from your military wife, you must understand that your monetary support will be based on a few innate factors; first and foremost being the gross pay that has been listed on the Leave and Earnings statement.
This statement includes everything right from, the subsistence and housing allowances to basic pay and also the cost of living stipend that is dependent on the areas in which she has been stationed, if outside the country.
Military Benefits The reason why you must sue for support from your wife is because the Uniformed Services Former Spouse Protection Act (USFSPA) makes it possible for you to do so.
You as a husband will be eligible for complete medical, commissary, and exchange privileges if you come good on certain requirements, which are: -You were married for a minimum of twenty years -20 years of services were performed by your wife, which in turn qualifies them for retirement benefits.
-There was a minimum of 20 years of overlap of the military service and the marriage.
Bear in mind that if you remarry, these benefits will be terminated.
The Duty The basic fact of the matter is that all military members whether male or female are duty bound to provide support not only for their children but also for their spouses.
At times, their wages are garnished to ensure that he or she can support the periodic payments due in this regard.
You, as an ex-husband should also know that if you are looking for child support then the figure cannot exceed 60% of the military spouses pay and allowances.
The Right Information If and when you want to sue your wife for spousal support, you must first try and understand the ins and outs of this action.
This is because when you are dealing with the military you need to have in-depth information about the special laws, policies and rules and regulations that govern its divorce proceedings and the awarding of spousal support.
It is best that you take the help of a lawyer who is an expert at military divorce.
You must first take all the advice you can, and then formulate your plan of action.
It is important that you have a water-tight case if you are looking to sue your wife who is in active service with the military and ask for support.