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Law Office of A. James Mullaney

Jacksonville Divorce Lawyer | Florida Family Law Attorney & Mediator

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  • Home
  • Practice Areas
    • Divorce
      • Alimony
      • Child Support
      • Child Support Calculator
      • Cohabitation Divorce in Jacksonville
      • Contested Divorce
      • Equitable Distribution
      • Military Issues
      • Parenting Plans
      • Relocations
      • Time Sharing and Visitation
      • Uncontested Divorce
    • Mediation
    • Paternity
      • Child Support
      • Florida Child Support Calculator
      • Parenting Plans
      • Time Sharing and Visitation
    • Other Family Law
      • Annulment
      • Contempt
      • Domestic Violence
      • Modifications
      • Prenuptial Agreements
    • Collaborative Divorce in Jacksonville
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Military Issues

There are several issues which are of particular significance at the end of a military marriage:

  1. division of military retirement benefits
  2. whether the husband or wife is on active duty
  3. child support calculation

Firstly, under Florida law, a military pension is a marital asset if the marriage occurred during the spouse’s military service and is subject to division under the laws governing equitable distribution. As a result, the division of a military pension can be quite confusing. A complex formula involving the length of military service, length of the marriage, and the duration of the overlap is used to calculate the non-servicemember spouse’s share of the military pension. Further complications arise if the servicemember has spent time in the Reserves or is not yet retired.

Secondly, The Servicemembers Civil Relief Act of 2003 allows for the postponement of a civil action (including a paternity or divorce) for at least 90 days. Additional postponements can be requested due to the servicemember’s deployment status. An experienced military divorce lawyer can explain this law to you.

Lastly, housing allowance, overseas pay, hazardous duty pay and other types of pay are considered income for the purpose of calculating child support. As a result, a servicemember’s current assignment or deployment status can greatly affect the child support calculation. A careful review of the servicemember’s Leave and Earnings Statement should be done by an experienced attorney who can then explain your rights and obligations under the Florida Child Support Guidelines.

Please contact an experienced military divorce lawyer in Jacksonville FL to help you with these unique issues.

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  • Uncontested Divorce
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Recent Post

My Florida Child Support Calculator – New for 2020

10 Jan 2020 | By Jim Mullaney

Why did I create My Florida Child Support Calculator? I often hear from potential clients after they have appeared in … Read More about My Florida Child Support Calculator – New for 2020

Money trouble

Does Divorce Hurt Your Credit Score?

1 Jul 2017 | By Jim Mullaney

Does divorce hurt your credit score? The quick answer is "yes." But only in some situations. Your credit score is not … Read More about Does Divorce Hurt Your Credit Score?

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