Parents in Mississippi have a duty to make any child support payments that a family law court may require. But, what if the parent is a military service member? What obligations do they have to pay child support under military family law? Can their commanding officer order them to pay child support?
For any divorce proceeding involving a member of the armed services, one of the biggest assets at issue could be the pension of the service member, if they have one. Like non-military retirement plans, military pensions are subject to property division in a divorce. Military family law addresses this topic with the Uniformed Services Former Spouses Protection Act. In this post, we will have a quick discussion of how this act governs the division of military pensions in a divorce.
Both federal and state laws govern military divorce. This raises the question of where a military divorce should happen. This is because different states have different divorce laws. Service members in Mississippi and their spouses should be aware that Mississippi may be the state where their divorce case could be filed, but, depending on the circumstances, the case could also be filed in another state under military family law.
Serving in the military does not completely insulate a person from one of life's most traumatic events: getting divorced. Mississippi, like most states, has enacted laws that are designed to at least partially protect military personnel on active duty from the stress of divorce. This post will summarize the essential provisions of those aspects of military family law that differentiate divorces between two civilians and divorces in which at least one spouse is on active duty with a branch of the nation's armed forces.
Though there may be similarities between military divorces and non-military divorces, certain rules and requirements apply to military divorces so it is important to be familiar with those rules and requirements and the military divorce process. In addition to jurisdiction, filing and service concerns that may be unique to a military divorce, there are additional important concerns that may be unique concerns military couples face when divorcing related to property division, child custody, child support and spousal support.
Military marriages face challenges and issues a civilian marriage does not. Long deployments, injuries and other aspects of being a service member can take its toll on a marriage. Sometimes, military spouses in Mississippi find that their marriage has simply become untenable, and it is for the best that they divorce. However, a military divorce can present unique aspects not necessarily found in a civilian divorce.
When two parents in Mississippi are no longer in a relationship with one another and one of them is a U.S. service member, it can make child custody situations complicated. This is especially true if the service member's duties take him or her away from home and away from the child.
Military service members seeking a divorce may have many concerns, particularly when it comes to the financial aspects of divorce. Therefore, divorced military spouses in Mississippi may be interested to hear of a provision in a proposed piece of legislation to amend the Uniformed Services Former Spouses Protection Act that would affect retirement benefits for the ex-spouses of former military service members.
For residents of Mississippi who are getting a divorce, an issue that is of frequent concern is how their health care status will be determined once the case is finalized. While the law has certain guidelines, those in the military have different rules. Knowing about this before the military divorce can avoid any confusion and problems later.
Civilians in Gulfport may have retirement packages, such as 401(k)s, Individual Retirement Accounts and pensions, that may be included in the division of assets in the event of a divorce. Similarly, those in the military may have military pensions that would be included in the division of assets, in the event of a military divorce. This can present some complexities, however. Therefore, service members getting a divorce may want to seek legal help.