You need an attorney experienced with military marriages
If you or your spouse is in the military or if either of you was in the military during the marriage, you need an attorney with experience in military divorces. In a military divorce, there are many factors your attorney must be familiar with to provide you with effective representation. Here is a quick look at a few different considerations in a military divorce.
If you have been married for at least ten (10) years while ten (10) years of military service accrued then the 10-10 rule applies. The primary result is that DFAS will send retirement pay directly to a former spouse. This is important because retirement pay is a property right and not support. A person can eventually be put in jail for failure to pay support. A person who fails to pay money owed as a property right can only be sued in a civil court. Only creditor-debtor remedies apply and a determined spouse may find a way to never pay what they owe if the division is not done properly. Under the 10-10 rule this problem is avoided entirety when DFAS sends the payment directly to the former spouse.
Even if the 10-10 rule does not apply a former spouse is still entitled to a percentage of military retirement earned during the marriage. One spouse is simply ordered to pay a certain amount to the other spouse.
In Florida, BAH and BAS are included as income when calculating child support. These payments can be substantial and make a big difference in the amount of child support awarded. However, BAH and BAS are not included when calculating net pay (after taxes) from gross pay. This is because the Federal Government does not tax BAH or BAS and Florida does not have a state income tax.
At Mario, Gunde, Peters, Rhoden & Kelley, we have many years of experience dealing with military divorces. We know how to read an LES and a DD-214, we can help you understand why you may want to delay a divorce until qualifying under the 20/20/20 rule and explain your options regarding what to do with SBP.
Call for a free initial consultation with one of our experienced attorneys. We are the largest and most experienced family law and criminal law firm in Brevard County. Serving the area since 1976. Offices in Melbourne and Cocoa serving clients from Titusville to Micco including the beaches, PAFB, Suntree, Baytree, Viera, Rockledge, Melbourne Beach, Indialantic, Cocoa Beach, Port St. John, and Palm Bay.