Support Obligations In A Florida Military Divorce

A divorce that involves one or more U.S. military servicemembers can be a bit more complex to iron out than the average dissolution of marriage. One often disputed issue in divorce proceedings is the issue of support – both spousal and for one’s child or children. In this area, some things are understandably different, but some things remain very much the same. It is important that you understand what your rights and responsibilities are if you are in this scenario.

Spousal Support

Spousal support or alimony has historically been granted to a wife by a husband, but with the change in the makeup of the workforce, this is becoming less and less common, particularly if the wife has her own job. In Florida, courts nowadays rarely award perpetual alimony; rather, they are much more likely to award certain types of spousal support that last a set length of time. For example, if a spouse left the work force to devote all their time to child-raising or homemaking, rehabilitative alimony may be awarded in order to assist the person in updating their credentials.

For the most part, the issue of spousal support is determined by the law of the court in which it was filed – so, if you file your military divorce in Florida, you are consenting to be governed by its laws. There are certain military benefits like the Basic Allowance for Housing (BAH) and TRICare health benefits that are governed by federal law, but in general, Florida regulations on spousal support would apply.

Child Support

Child support is seen as a crucial right, specifically belonging to the child or children rather than the parents (and, under Florida law, child support cannot be waived or disposed of in a prenuptial agreement). Unlike with spousal support, where the amount owed is determined on an individual basis, Florida has guidelines in its statutes that are designed to somewhat expedite the process of determining a parent’s obligation.

That said, it can sometimes be difficult to determine a servicemember’s gross income, particularly if they are deployed, because of the way in which an active duty servicemember’s pay is calculated. Each branch of the U.S. military has regulations which order its members to cooperate with civilian authorities in these matters, and to support their families in whatever way is required, but sometimes people simply do not comply.

Call A Hollywood, FL Military Divorce Attorney

Divorce is never easy, and serious issues like child support and potential alimony can make the proceedings longer and more confusing, particularly if you are a servicemember and the details may differ from the average civilian proceeding. A Hollywood, FL military divorce attorney from The Law Offices of Steven A. Mason, P.A. can help answer your questions about the legal process and hopefully point you in the right legal direction. Call our office at (954) 963-5900 to speak to an attorney.