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Spousal Maintenance and Child Support in Military Divorces

If you are a military service member and you are currently going through a divorce, then you will not have to go through the same processes as civilians when it comes to spousal maintenance and child support. The Service member's Civil Relief Act governs the processes of divorce in order to make sure that military members are not being distracted by lawsuits and unnecessary allegations associated with a divorce. Because of this, SCRA provides special regulations for spousal maintenance and child support in military separations, divorces and annulments.

Military members are immune from lawsuits, but they are not immune from paying these support installments when the court deems it necessary. For example, if a mother cannot afford to support her five children and the father is in the military, then the court may decide that the non-military spouse does deserve some financial aid with her case. The court can organize spousal support or child support to be paid by a military member in four different ways.

The first of these payment methods is through a court-order. In these situations, the military spouse may be obligated to write checks and mail them to his or her ex. Also, the court may require support by the way of wage garnishment. This means that a portion of the military-member's income will by skimmed and the finances necessary will be sent to the recipient spouse. As well, attorneys may encourage you to set up voluntary child or spousal support.

These are payments that you will agree on with your ex out of court. Oftentimes voluntary payments are can work to your advantage, because you may agree to pay your spouse less than he or she would have received ion a court order. As well, sometimes the court will set up an involuntary allotment which is monitored by the government to ensure that you are not failing to pay the important costs. Sometimes, the military courts will also require a spouse to maintain life insurance that would cover child or alimony payments. Hire a California military divorce lawyer at Cutter & Lax today for more information!


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