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Family law issues for military families often involve unique challenges that require careful consideration. This guide provides practical recommendations to address these complexities, with a focus on key areas such as custody, deployment, and legal support. Our goal is to offer clear, actionable advice to help military families navigate these sensitive matters and manage them effectively.
Addressing Family Law Challenges Before Military Deployment and Relocation
Just because you are an enlisted member of a military branch does not mean that your life outside your commitment to our country does not continue. Unfortunately, you will need to deal with problems regarding your family at some point. From reading our past few blog posts on this subject, you can see that we recommend handling any issues related to child support or child custody before being re-stationed in another part of the country or being deployed abroad.
Doing so will ensure that you have less to think about outside of your duties serving our country.
To be sure, the challenges that you and other active-duty service members and veterans have to handle are unique and typically more complex than what civilians must endure as far as child custody, and child support cases are concerned.
You’re being relocated with frequency means that your pay rate may change just as often, which can cause problems in paying child support as you are obligated to do so in court orders. Once your obligation to the military runs out, finding working back in the United States can prove more complicated than it ought to be. This also can be a problem when it comes to paying child support on time and in full.
In addition to the stress and anxiety from involvement in armed conflicts, servicemembers face difficulties when re-entering civilian life, including a loss of assistance. The Veterans Administration often delays the disbursement of earned benefits, sometimes taking a year or more. These issues compound the challenges faced by servicemembers during and after their service.
Distance From Children May Be the Most Significant Problem Facing Military Members
If frequent relocations due to your military service have become a part of your life, you’re not alone. Many servicemembers live far from their home states, often resulting in their children residing at a considerable distance. This scenario likely makes visitation more costly and challenging for you and your family. As the custodial parent, you face the risk of losing custody rights due to frequent moves.
As a noncustodial parent, you might struggle to utilize the limited visitation time granted by court orders, especially if the custodial parent is uncooperative and your military duties restrict your availability. Proactively addressing these issues is crucial for maintaining healthy family relationships.
Child Support Problems That Affect Military Members
Your inability to meet your child support obligations can affect your performance in your job and your family as a whole. Unfortunately, military child support issues tend to be more time-consuming and challenging to sort through when compared to civilian child support issues.
This is because your case may involve out-of-state orders from when you and your family lived in another U.S. State. Having to reconcile multiple child support orders can be difficult and costly. Determining what court has jurisdiction over the case often causes problems from the start for many families.
How the State of Texas Can Help Military Families
In the sphere of family law, the unique challenges faced by military families often go unrecognized. Despite frequent discussions about improving support for servicemembers and veterans, specific policy measures are rarely outlined. It’s time to move beyond broad statements and focus on concrete changes that can significantly impact the lives of those who serve our country.
Modifying Child Support Regulations for Military Personnel
A critical area where the Texas Family Code could evolve is in recognizing a change in active duty status as a substantial reason for modifying child support obligations. Unlike most civilians, veterans often experience abrupt career transitions post-service, especially those with limited education. This adjustment period can lead to financial instability, making it challenging to meet existing child support commitments.
Currently, Texas law permits child support modifications only after three years of the original order. However, the transition from active military service to retirement often involves a delay in compensation, potentially leading to arrears in child support payments. This gap unfairly penalizes veterans, calling for an urgent legislative response to accommodate the unique circumstances of military retirees.
Training Judges on Military-Specific Issues
Moreover, there’s a pressing need for judicial training on issues like Post-Traumatic Stress Disorder (PTSD) and other challenges specific to military families. Understanding the distinct context of military members’ lives is crucial for fair legal judgments, especially in matters of child support and custody.
Supporting Mental Health for Fair Judicial Outcomes
Finally, the mental health of servicemembers is paramount in ensuring their ability to fulfill child support and custody responsibilities. Judges must be equipped to recognize and account for mental health issues, ensuring that servicemembers receive fair treatment in court. Enhancing legal support and understanding for military families in Texas is not just a noble goal – it’s a necessary step towards honoring the sacrifices of those who serve.
Conclusion
In conclusion, family law issues for military families, especially child custody and child support, require proactive management to prevent disruptions to servicemembers’ performance and well-being. Whether deployed overseas or stationed locally, military personnel should not have to deal with concerns like incorrect child support garnishment. By addressing these issues promptly, servicemembers can maintain their focus on their duties without unnecessary distractions.
To avoid these challenges, it’s essential to be well-educated and informed about these issues. Our office is here to support and answer your questions, offering guidance on how to prevent and address family law concerns. Take action now to resolve child custody and support matters effectively, ensuring a smoother transition into your military or civilian life. Your children and future self will be grateful for the steps you take today.
The Law Office of Bryan Fagan, PLLC
If you have any questions about the subject matter that we have discussed today, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. As I mentioned a moment ago, we offer free of charge consultations to anyone with questions regarding family law in Texas. Our licensed family law attorneys are a great resource to ask questions about. We can discuss how our services will benefit you as a client and how our experience will work to represent your interests effectively.
Other Related Articles:
- What is the “10/10” Rule in the Military?
- Challenges Facing Military Families: Deployment and Station Reassignment
- Child Custody and Visitation Challenges for Military Families
- Is a Military Spouse Entitled to BAH?
- Can I Keep My Military ID Card After a Divorce?
- Will I Lose My Ex’s Military Retirement If I Remarry?
- Military Divorce and Division of Marital Property and Debt
- Child Support, Military Entitlements, and Calculations
- Understanding Texas Military Custody Issues
- The United States Supreme Court Answers a Question about Military Retirement Benefits —
