Military Custody And Child Support
OVERVIEW
CANNON & ASSOCIATES is dedicated to Fierce Advocacy for military families facing military divorce, child custody and child support issues. Founder, John Cannon, is a currently serving Judge Advocate in the Oklahoma National Guard. You should contact an experienced Oklahoma Military Family Law Attorney, if you are a service member facing divorce, child custody, child support, alimony, or property division. Your interests demand you contact a military family law attorney that understands the unique issues and challenges associated with military divorce and military child custody issues.
As a service member and JAG, John Cannon, understands the unique circumstances faced by military member or military family member in your military divorce or military family law case. Service members stationed in Oklahoma should be confident their chosen Oklahoma military divorce attorney understands the unique circumstances faced in military divorce or custody matters.
Whether you or your family member is stated at Tinker AFB, Ft. Sill, Vance AFC, Altus AFB, McAlester Army Ammunition Army Base; a Reservists; or a National Guardsmen, CANNON & ASSOCIATES has been there before with clients facing Oklahoma military divorce. This page is an overview of the most common issues in Oklahoma military divorce and Oklahoma military child custody disputes, clients are facing when they contact CANNON & ASSOCIATES.
Military Child Custody
Deployments, training, and tours can make child custody and child support very complicated for service members and their families. Your interests can be diminished, if the child custody orders and decisions in your case do not address the unique challenges of shared parenting with a parent that is a service member. A family law attorney who is not versed in military life and military law may not be able to properly advise you on child custody, if you are your spouse is a service member. You and your military divorce attorney should have a detailed discuss about a number of issues before deciding on a plan to approach your child custody and child support case, including the following:
- What is the likelihood of the service member being deployed and what effect would that have on the child custody arrangement?
- Will the child custody orders address a service member being on long term orders or a permanent change of station (“PCS”) outside Oklahoma?
- Is jurisdiction proper in Oklahoma?
- What effect will my family care plan have on a custody proceeding?
- Where should I file, if I live in Oklahoma City, but we are stationed at Fort Sill, Tinker Air Force Base, Vance Air Force Base, McAlester Ammunition Plant, or another location in Oklahoma?
An Oklahoma family law attorney without military divorce experience may not be able to advise you on these issues unique to military divorce and military custody cases. John Cannon, founder of CANNON & ASSOCIATES, is a currently serving judge advocate in the Oklahoma National Guard and can assist service members or service member’s spouses in military child custody and military divorce cases across Oklahoma. Our firm will be with you every step of the way through the complex issues involved in military divorce, military child custody, and military child support cases.
Military Child Support
Child support, like all aspects of military family law, is more complex in military divorce cases. Each branch of the military has different regulations and guidelines for family support during deployments and training; however, these guidelines do not mirror court ordered child support. The definition of “income” is complicated for service members as some financial benefits qualify as income and some do not.
Calculating service member income is not as simple as reviewing tax returns; service member’s housing and subsistence allowances are generally included as income for child support purposes; however, the clothing allowance is often not. CANNON & ASSOCIATES has experience in fighting for service members and military families in both military divorce and child custody and support cases. Our Firm will fight to reach the best possible result for you in your military child support or child custody case.
SUMMARY: MILITARY CHILD CUSTODY AND SUPPORT
Service members face particularly difficult challenges when it comes to child support and child custody. Child custody orders must be crafted to ensure the service member has the most contact possible during deployment and long-distance orders or training. Another concern, is service members returning from deployment or long-term training to be served with a motion to modify child custody upon returning from duty. Oklahoma has laws designed to protect service members from being negatively impacted in terms of child custody or child support based upon their service; however, it is important to have an experienced military divorce and military child custody attorney on your side to ensure these rights are protected.
CONCLUSION: MILITARY DIVORCE
Experience matters when you are facing military divorce or child custody and support issues as a service member or service member’s spouse. It is important to know the family law attorney you hire is dedicated to your cause and versed in military family law. John Cannon, owner of CANNON & ASSOCIATES, is a judge advocate and experienced in military family law issues and protections. He will personally represent you and work along-side you during the entire process. He will keep you informed. John has the experience you need and will bring it to bear in your case.
Additionally, John Cannon has an outstanding record of reaching the best possible outcome for hundreds of clients, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES, PLLC to protect your rights and Fight your Oklahoma military divorce or custody case. You may send an email inquiry, complete the contact form on our website, or call at (405) 657-2323 for a free confidential consultation.
Military Divorce FAQs
How does military retirement pay get divided in a divorce?
Military retirement pay is considered marital property and may be divided between spouses based on the length of the marriage during military service. The division is governed by the Uniformed Services Former Spouses' Protection Act (USFSPA) and involves specific formulas and regulations.
What is the Survivor Benefit Plan (SBP) and how does it affect a military divorce?
The Survivor Benefit Plan (SBP) is a program that allows service members to provide financial support to their spouses after death. During a divorce, you may need to adjust your SBP election. It can be used as a negotiation tool in divorce settlements.
How does the Servicemembers Civil Relief Act (SCRA) protect deployed service members during divorce proceedings?
The SCRA can delay divorce proceedings for deployed service members, preventing default judgments in their absence. It allows them to participate fully in the proceedings upon return and gives time to adjust to new circumstances.
Why is choosing the right jurisdiction important in a military divorce?
The jurisdiction, or venue, where you file for divorce can significantly impact the outcome. Different states have varying laws regarding property division, child support, and military-specific protections. Choosing the right venue can ensure a more favorable application of laws to your situation.
How do deployments affect child custody arrangements in a military divorce?
Deployments can necessitate adjustments to child custody arrangements. Parenting plans developed before deployment might need changes to accommodate the service member's absence. These changes should be discussed and incorporated into the divorce agreement.
What financial considerations should be taken into account during a military divorce?
Key financial considerations include the division of military retirement pay, adjustments to the Survivor Benefit Plan, and the impact of deployments on income and financial obligations. These factors can affect calculations for child support and spousal support.
How can a service member protect their military retirement during a divorce?
To protect military retirement, it's crucial to understand how the USFSPA governs its division. Consulting with a lawyer experienced in military divorces can help ensure a fair and accurate division of retirement benefits.
What is “venue shopping” in the context of a military divorce?
“Venue shopping” refers to strategically choosing where to file for divorce. Some states offer specific protections and considerations for military divorces, such as a more favorable approach to dividing military retirement pay or considering deployments in child custody arrangements.
How does the length of marriage affect the division of military benefits in a divorce?
The length of the marriage, particularly in relation to the length of military service, is a key factor in determining how military benefits are divided. This is especially important for the division of military retirement pay under the USFSPA.
What unique challenges do military divorces present compared to civilian divorces?
Military divorces involve additional complexities such as dividing military-specific benefits (retirement pay, SBP), dealing with deployments, navigating jurisdictional issues, and understanding protections like the SCRA. These factors require specialized knowledge and often necessitate the assistance of lawyers experienced in military family law.