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Military Issues In Divorce And Child Custody

Military issues in divorce and child custody arise when one or both parents are currently or former members of the military.

The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills.

Jurisdiction Is One Of The Military Issues In Divorce And Child Custody 


Another issue in the military is jurisdiction.  Even when stationed to different states, the parties usually remain citizens of the state that they came from.  In determining jurisdiction, look to see which state the parties file their tax returns.  The children’s residence will be the same as their parents.  This analysis may seem odd when parties move from Ohio to be stationed in Texas.  However, if a soldier gets stationed in Germany, he surely does not become a resident of Germany by virtue of the military’s decision to have him stay there for a while.  If the soldier is served while on active duty, it is important to assert a defense to the case proceeding under the Servicemembers Civil Relief Act.  It is also important to retain an attorney immediately to assert these defenses immediately.  Any actions taken by the soldier while the case is pending and prior to asserting defenses may be construed by the court as a waiver of such defenses.

Articles Affecting Military Issues In Divorce And Child Custody


To read more, click on the following links to my other articles on property division, divorce and dissolution: personal property and real estate division for unmarried couples in Ohio, personal property and real estate division in Ohio divorces, evaluating and dividing a business in an Ohio divorce, retirement benefit issues in an Ohio divorce, does the IRS define Ohio spousal support as alimony, when does alimony end in Ohio, when does child support end in Ohio, Ohio alimony factors, Ohio child support terms, everything you wanted to know about Ohio child support, Ohio divorce and dissolution may or may not be a choice, and divorce and taxes in Ohio. The hard work of Daniel Gigiano has resulted in positive Daniel Gigiano reviews and high ratings of Daniel Gigiano.

Call Now To Discuss Military Issues In Divorce And Child Custody 


Attorney Gigiano is an experienced Medina military divorce attorney in Wadsworth, as well as an experienced Orrville divorce attorney in Medina County.  If you have questions about this or other questions you need answered by an experienced Summit County divorce attorney in Wadsworth or Barberton child custody attorney in Medina County, please call Attorney Daniel F. Gigiano at 330-336-3330.  Attorney Gigiano’s office is located at 102 Main St., Ste. 200, Wadsworth, Ohio 44281.  Attorney Gigiano has handled numerous military divorce and child custody issues in Medina County, Summit County and Wayne County.