In a military divorce, the nonmilitary spouse likely has not worked outside the home or possibly only held down part-time employment in order to accommodate the lifestyle with moves and lengthy deployments.
On the one hand, nonmilitary spouses often struggle to find employment because of those factors. On the other hand, they can frequently build strong cases for child custody. After all, the military professional’s frequent deployments may make child care complicated if not impossible.
Considering the Best Interests of the Child
The judge will consider what’s in the best interests of your children. If he or she determines that military-related moves could hurt the children emotionally and socially or disrupt schooling, sports, medical treatment or other activities, the judge might award custody to the parent who is less likely to move.
Since both parties understand the need for cooperation in the event of sudden deployments, they should work with a knowledgeable family law attorney who can provide them with good advice on how to proceed.
Similar to a civilian divorce, a military custody plan should consider diverse factors, such as:
• The age of the children
• The possibility of deployment and a plan of action
• A plan of action for a return from deployment and
• Visitation in the event of a stateside or international deployment.
In addition, assess the custody plan according to the age of each child and future considerations. You might need to make adjustments based on a different job, remarriage or other relevant criteria.
Collecting Child Support
In some cases, the parties will need a temporary order to address the payment of daily expenses during the separation until the divorce is finalized. Both parents must support their children, and the court will consider the following factors when ordering payments:
• The number of children
• Any special needs
• Shared custody arrangements
• The number and frequency of overnight visits with the non-custodial parent and
• Other relevant factors.
The military enforces the collection of child support via the following methods:
• Wage garnishments
• Voluntary or involuntary allotments and
• Court orders.
Addressing Custody Matters in Your Military Divorce
Due to the relocation of military parents, custody issues can lead to especially sensitive conversations and debates. Our experienced and skilled family law team can suggest solutions; call us for help at (763) 783-5146.