Military Divorce in Pennsylvania
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divorce process is the same for military spouses as for everyone else, there are a few
factors that will uniquely affect support calculations, child custody,
pension, and the filing location. Fortunately, a Pittsburgh military divorce
attorney from Law Offices of Avram Y. Rosen can help you work through
these different issues. With over 15 years of experience, you can be confident
in our firm's ability to quickly and effectively work through the
issues related to
military divorce law.
These may include:
If one spouse is stationed at a separate place from his or her family,
then you may be wondering where to file for your divorce. To approve your
divorce, the court must have jurisdiction over both you and your spouse.
Spouses can file in a state that they mutually agree to, or a state in
which the military spouse has residency.
Child and Spousal Support
Service members are required to provide support for both their spouse
and their children. The Department of Defense requires strict compliance
with support, or else there are harsh punishments for the military spouse.
(More information about
child support and
Custody and Visitation
Since the military spouse is subject to frequent movement and possible
deployment, custody and visitation rights can be a challenging issue.
Usually, the non-military spouse is given custody of the child and the
military spouse gets visitation rights. If the military spouse does have
sole custody, however, then they must name a caregiver in case they are
deployed. (More information about
child custody and
Pension and Disability
Since the military is an individual's employer, any pension or disability
that is obtained can be subject to
division. A spouse, however, is not automatically entitled to
pension or disability.
These matters and others are especially unique to a military divorce. Service
members should thoroughly research military divorce and enlist the help
of a legal professional at our firm before making any decisions.
How to Calculate Child Support for a Military Divorce
Because the military provides a base salary, a housing allowance and differentials
for increased responsibility, a service member's income can be difficult
to calculate. The housing allowance especially complicates things, as
it is calculated using number of family members, pay grade, and location.
Calculation begins by using
Pennsylvania's child support laws.
Normally, spouses would use a tax-return to calculate the amount of child
support that a spouse should owe. Military spouses can't use a tax-return,
however, because housing and differentials won't be included as they
are not taxable. Instead of a tax-return, you can use the Leave and Earnings
Statement, which includes all payment information. If you find yourself
unable to get access income information, then you can submit a Freedom
of Information Act request to the military.
Assistance from an Experienced Divorce Lawyer
Military divorces can be extremely complicated, so make sure you get the
support you need from a
Pittsburgh divorce lawyer at our firm. We are committed to the best interests of our clients throughout
the entirety of the case. While we encourage our clients to pursue amicable
settlements, our lawyer will not hesitate to pursue litigation if necessary.
Call our Pittsburgh office now for more assistance!