Military Divorces

In this One-Hour (1.0) General CLE Course, Susan Seacrist, Esq. and Stephanie Anderson, Esq., discuss how Military Divorces present unique questions of law on service; jurisdiction; income determination for support purposes; SCRA; Military pensions; etc. This overview will touch on these issues with resources for specific issues. 

1. SCRA Location Services
a. https://scra.dmdc.osd.mil
2. SCRA – Civil Protections to Active-Duty members
a. To whom does it apply? All branches of service for active-duty members.
b. Provides for affidavit as to whether a defendant is in military service.
c. Provides for stay of civil proceedings including custody proceedings.
3. Jurisdiction/Domicile - Residency and Domicile Factors
a. Domicile for Active-Duty Members O.R.C. 3105.03
b. UCCJEA for minor children, including military situations “Home State” O.R.C.
3127.01
4. Service of Process upon Military Members
a. Service Address for Each Branch
b. Command will usually assist – ask for the JAG for the command
5. How to Obtain and Understand a Leave and Earnings Statement
a. DFAS YouTube Channel Video Explanation
6. Military Regulations to Request Support – MILPERSMAN; Air Force Instructions 3629.06
7. Income for Support – O.R.C. 3119.01(B)(12)
8. Thrift Savings Plan
a. Division Orders for TSP accounts
b. Garnishment of TSP for Support Orders
9. Practical Considerations for Custody and Parenting Time
10. Tricare, Pensions and Benefits for Dependents
a. Military Pensions – 10 year rule – it’s not what you think!
b. Uniformed Services Former Spouse Protection Act
11. VA Disability, Derivative Benefits, Apportionment Claim