Service members are required to provide adequate child support for their children.
Each of the services (except the Air Force) has rules on how much the parent should pay.
Each state has its own rules of court that may require a different format.
Each branch of the military has legal assistance attorneys who are located on most bases.
The law typically allows for the filing of a divorce in the state where either the husband or the wife has a legal residence.
The person starting the divorce usually files in the state where he/she lives when that is the state of legal residence of the parties.
For military families, it’s important that the court understand the various elements of a service member’s pay.
Then the court goes forward with scheduling the next steps in the divorce (such as mediation and/or hearings before the court).
However, a federal law can change the normal court time schedule and deadlines if one party is on active duty.
This federal law says that the state of legal residence of the military member always has the power to divide the military pension in a divorce.
So if you file for divorce in a state that is not the military member's state of legal residence, then the court may not have the authority to divide the pension.