In our blog we will try to provide you with general information regarding family law, as well as updates in important cases and statutes dealing with family law in New Hampshire. This is not to be construed as legal advice. Every case is unique and small facts can make a difference.
5 Tips For Military Members Going Through A Divorce
It is an unfortunate reality that our military members go through divorces on a daily basis, even within the state of New Hampshire. Whether you are a member of the military or are the soon to be former spouse of a service member, it will be in your best interest to engage the services of an experienced and skilled NH family law attorney. This is where our lawyers can step in to be of assistance.
For a free consultation regarding your case, we would invite you to contact one of NH lawyers via telephone, email, or through our website.
Here are 5 tips for military divorces that we frequently offer to divorcing service members:
1. When calculating child support, make sure to include any and all monetary benefits. Your Leave and Earnings statement will list benefits classified as non-taxable, like basic allowance for housing (BAH) and basic allowance for subsistence (BAS). When you are listing your gross income in order to calculate child support, BAH and BAS should be included.
2. Be familiar with the 20/20/20 rule. This rule decides whether or not a former spouse can continue to receive medical insurance coverage through the military (TriCare). In order to receive coverage, former spouses must have been married for 20 years or longer, and a minimum of 20 years should overlap with a minimum of 20 years of creditable service. If this rule is satisfied, then the former spouse can continue to receive coverage. If only the first two requirements are met, but only 15 years of creditable service overlapped during the marriage, then a former spouse will continue to receive coverage for just a year.
3. Specific benefits are classified as “in kind” rather than monetary. A percentage of New Hampshire military members are the recipient of in kind benefits, like residing in military housing, rather than cash benefits. Such benefits can be utilized to pursue an upward deviation from the NH child support guidelines found in RSA 458-C:5.
4. VA benefits. In the state of New Hampshire, disability benefits for benefits can be classified as setting alimony and/or child support.
5. Service Members Civil Relief Act, 50 U.S.C. §501, et seq. This act affords a plethora of different protections for service members and their families. The provisions that are most applicable to cases of family law are the ones that limit the ability to receive default stays and judgments that are considered applicable to legal hearings and proceedings. In particular, if you are wrangling with a service member who has been deployed, it is imperative to ensure that all provisions have been reviewed and complied with.
It is not difficult to see that military laws are complex and intricate. In order to secure a settlement that is in your best interests, and those of your family, you will need the best legal representation available. Don’t take any unnecessary chances. Contact our law firm today.
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