Military Family Law
An increasing number of military personnel are being deployed to foreign lands away from their families. The separations and strife, among other things, have caused an acceleration of family law problems among military personnel and their families.
With a military member, a number of unique issues and challenges exist in a family law proceeding that
- Establishing jurisdiction and effecting service of process on someone in active military service;
- Compliance with the service members Civil Relief Act, formally known as the Soldiers’ and Sailors’ Civil Relief Act.
- Proper division of the military pension pursuant to the Uniformed Services Former Spouse Protection Act (USFSPA) and the Defense Finance and Accounting Service (DFAS) regulations, including the 10-year rule and the DD Form 2293, “Application for Former Spouse Payments From Retired Pay.”
- Benefits available to remarried former spouses of members of the uniformed services who meet the complex “20/20/20" or “20/20/15" tests, which refer to the length of marriage, the length of creditable military service toward retirement, and the overlap of certain years of military service with years of the marriage.
- Determining military income for support purposes; and, determining military income earned while in a combat zone.
- Identifying and quantifying all components of military compensation and military benefits available for family support.
Our office is able to assist either the service member or the spouse of a service member through these unique issues and challenges that arise in a military family law proceeding. Steven M. Dittrich is a Major in the United States Army Reserve Judge Advocate General’s Corps (JAG) Branch. He understands the military language and able to point out the complexities involved in a military family law matter.