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Contact the legal assistance attorney on base, or your spouse’s commanding officer, for help getting child support.
Later, the court handling the divorce, or child support case, can make its own decision of how much support should be paid - based on the laws, rules and guidelines of that state.
This law is the “Servicemembers Civil Relief Act," or SCRA.
The SCRA allows active-duty service members to request a “stay” (that is, to delay the proceedings) a divorce or other claims (such as spousal support, custody, child support, property division and military division) if their duties prevent them from participating in or responding to the court action.
The law typically allows for the filing of a divorce in the state where either the husband or the wife has a legal residence.
The person starting the divorce usually files in the state where he/she lives when that is the state of legal residence of the parties.
(Note: The military member can still consent to the court's division of the pension.) Also, some states have other laws that can affect what happens to a military pension.
Both of these topics are complicated and require advice from an attorney to avoid traps and problems.
It is important to make a written request for this “stay,” if you need one. Keep in mind that this is only a sample - to show you the types of information the court will need to decide your request.Courts usually follow the state's child support guidelines to decide the child support amount.For military families, it’s important that the court understand the various elements of a service member’s pay.This article highlights some of the most common issues.Remember, a military divorce is not exactly like other divorces; it involves additional legal issues.