Servicemembers Civil Relief Act (SCRA)

The SCRA provides legal protections to military personnel that can affect divorce proceedings, including:

• Stay of Proceedings: Allows for the temporary suspension of civil proceedings, including divorce, if military service affects the ability to participate. This stay can be extended by the court to ensure that service members are not disadvantaged due to their duty obligations (CA Child Support Services) (Child Support Services Department).
• Protection Against Default Judgments: Courts must provide additional protection to military members to prevent default judgments in divorce cases if the member cannot appear due to service requirements (CA Child Support Services).

Military Benefits For Spouses And Children In Divorce

Continued Access to Military Benefits

• 20/20/20 Rule: A former spouse may continue to receive full military benefits (e.g., health care, commissary, and exchange privileges) if the marriage lasted at least 20 years, the service member has at least 20 years of service, and there is at least a 20-year overlap between marriage and military service (NCLamp).
• Health Care Benefits: Under certain conditions, former spouses may qualify for temporary health care coverage under the Continued Health Care Benefit Program (CHCBP) (NCLamp).

Issues In Child Custody For Military Officers

Custody and Deployment

• Custody Arrangements: Military service and deployment schedules can complicate custody arrangements. Courts typically prioritize the best interests of the child, considering the stability and availability of each parent (CA Child Support Services).

Deployment and Relocation:

• Impact on Custody: Military service often requires relocation and deployment, which can complicate traditional custody arrangements. Courts must consider the best interests of the child while accommodating the service member’s duty requirements (NCLamp) (CA Child Support Services).
• Temporary Custody Adjustments: During deployment, courts may grant temporary custody to the non-military parent or a designated guardian to provide stability for the child. This requires clear planning and documentation in the custody agreement (NCLamp) 

Issues Related To Child Visitation And Child Support Calculations For Military Officers On Duty

Visitation Challenges

• Virtual Visitation: Given the challenges posed by deployment, military parents may need to rely on virtual visitation (e.g., video calls) to maintain contact with their children (CA Child Support Services).
  • Flexibility in Visitation Schedules: Courts may allow for flexible visitation schedules that accommodate the military parent’s duty requirements and deployments (Child Support Services Department). 
  • Maintaining Parent-Child Relationships: Virtual visitation methods, such as video calls, can be used to maintain the relationship between the child and the deployed parent. Courts are increasingly recognizing the value of virtual contact to support the bond between military parents and their children (Child Support Services Department) .

Flexibility and Adaptability:

• Custody Agreements: Custody agreements for military families must be flexible, allowing for adjustments based on deployment schedules and relocations. Courts may incorporate clauses that automatically adjust custody arrangements in response to military orders .

How Child Support Is Calculated Differently For Military Officers

Consideration of Military Pay

• Basic Pay and Allowances: Child support calculations consider the service member’s basic pay and additional allowances, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). These allowances are considered part of the service member’s gross income for support purposes (NCLamp) (Child Support Services Department).

Special Pay and Benefits:

• Deployment Pay: Additional pay received during deployment, such as hazardous duty pay, is also included in the calculation of child support. Courts account for all sources of income to ensure fair and adequate support for the child (CA Child Support Services) (Child Support Services Department).

Income Fluctuations:

• Variability in Income: Military income can fluctuate due to changes in duty status or assignments. Courts must take these variations into account when setting or modifying child support orders to reflect the service member’s true earning capacity (CA Child Support Services).

State Guidelines And Adjustments

Application of State Guidelines:

• State-Specific Calculations: Each state has specific guidelines for calculating child support, which apply to military divorces as well. The guidelines typically use a percentage of the non-custodial parent’s income to determine the support amount (CA Child Support Services).

Military-Specific Considerations:

• Military Compromise of Arrears Program (Military COAP): This program allows service members to compromise child support arrears accrued during military service, particularly if income decreased due to activation. This provides relief for reservists and National Guard members (Child Support Services Department).

Military-Specific Programs

• Military COAP Program: Provides an opportunity for service members to reduce child support arrears accrued during periods of military service if their income decreased due to activation (CA Child Support Services).

Tailoring Divorce Separation Agreements For Military Personnel

Key Considerations

• Inclusion of Military Clauses: Separation agreements should address issues unique to military life, such as relocation due to duty assignments, deployment, and changes in military benefits (NCLamp).
• Protection of Military Benefits: Agreements should clearly outline the division of military pensions and benefits, considering the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to divide military retired pay (NCLamp).

Incorporating Military Clauses:

• Deployment and Relocation: Agreements should include provisions for adjusting custody and visitation in response to military orders, ensuring that arrangements remain feasible and in the child’s best interests during deployments.

Dividing Military Benefits:

• Pension and Benefits: Separation agreements must clearly outline the division of military pensions and benefits, considering the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to divide military retired pay (CA Child Support Services) (Child Support Services Department).

Child Support Adjustments:

• Support Modifications: Given the potential for income fluctuations, agreements should include provisions for modifying child support orders in response to changes in military pay or duty status (Child Support Services Department).
• Custody and Visitation Adjustments: Given the potential for frequent moves and deployments, agreements should include provisions for adjusting custody and visitation as needed to accommodate the service member’s obligations.

Legal Support

• Legal Assistance: Military members and their spouses should seek legal advice from Military Divorce lawyer knowledgeable in military family law to ensure that agreements comply with both state and federal regulations and adequately protect their rights (NCLamp) (Child Support Services Department).