As a practicing Boise Divorce Attorney it is important to keep up on changes in the law in relation to Divorce, Child Custody and Child Support issues in relation to military divorce.
For both active and non-active members of the military, the military pension is a good example of repeated change in divorce law. The law has gone back and forth on this issue. At certain times the military pension was regarded as a non- community property asset. That changed giving military spouses a community property interest in the other party's pension.
In 1982 the Uniformed Services Former Spouses' Protection Act limiting the amount of the member’s retired pay which can be paid to a former spouse to 50% of the member’s disposable retired pay (gross retired pay less authorized deductions. It also required that the parties must have been married for at least 10 years while the member performed at least 10 years of active duty service before a division of retired pay is enforceable and it specified how an award of military retired pay must be expressed. In addition it required that the former spouse actually take the step to actually submit a copy of the divorce decree and order for division of military retirement within 90 days in order for the request to be processed.
As a Boise Divorce Attorney who has done military divorces, I have personally experienced the various difference between a military and a civilian divorce. A few examples of the difference are: An active member of the military must be served with the divorce complaint personally. Also, an active member of the military has the option of asking, and it is in the Idaho court's discretion to grant it, that the proceedings be delayed for the entire term of the military personnel's duty and for up to 60 days thereafter.
As a Boise Divorce Attorney, I have seen the differences in child custody and child support as they relate to military divorce as well. Child support cannot exceed 60% of the service person's pay and allowances. The same goes for spousal support. As far as child custody in a military divorce, the courts must look heavily at the consistency and stability element of child custody determination because of the possibility of the military move. This often translates into longer summer visitation rather than frequent weekly visitation depending upon where the non-custodial parent resides.
If you have military divorce issues it is important to find a Boise Divorce attorney who knows the ins and outs of military divorce. For more information on divorce, please visit www.lawboiseid.com and www.divorceboiseid.com where you can find detailed information on divorce as well as contact information.
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