Military Family Law Issues

 

All attorneys representing spouses, servicemembers or their children in domestic relations matters will gain a better understanding of specific military regulations regarding domestic violence, compensation, benefits and other dissolution issues by attending this informative military/family law seminar. Topics include: enlistment, family care plans; deployment; jurisdictional issues for domestic relations actions; Servicemembers Civil Relief Act; child support and maintenance issues; conduct unbecoming an officer; the financial impact of domestic violence on pay and retirement; non-vested benefits; the Uniformed Services Former Spouses’ Protection Act; pension division; and much more!

 

Attorneys practicing in family law will gain insight into the servicemembers’ point of view, while practitioners representing the military will gain a better understanding of important family law concerns, including housing, maintenance, child support, and military benefits.  Family Law attorneys, children’s representatives, attorneys for the minor child, guardians, states attorneys, and military practitioners should attend.

 

 

 

 

This comprehensive overview examines the role military service plays in family law issues, including the impact of enlistment, training, assignment, mobilization, post-mobilization, and timeline of service issues, including family care plans and deployment.

 

In this segment, the speaker provides a detailed outline for analyzing the appropriate jurisdiction for domestic relations actions involving service members. The semantics of legal parlance and the technical terms of the Department of Defense, Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Parental Kidnapping Prevention Act (PKPA), Uniform Interstate Family Support Act (UIFSA) and others are included in this discussion.

 

10:30 – 10:45 a.m. Break (beverages provided)

 

This broad analysis examines the investigation, prosecution, and defense of a domestic violence act by/against a servicemember, including any special concerns regarding base/off-base violence. Other topics include: Servicemembers Civil Relief Act (SCRA), the family advocacy program, military remedies, firearm possession problems, and the financial impact on pay and retirement. Commander responses to domestic violence issues are also included.

 

 

Keep abreast of military family law child support and maintenance issues with this discussion on the determination of temporary/permanent child support, calculation of support, military income, disability income, and remedies for non-payment, including considerations of the Uniform Code of Military Justice. Conduct unbecoming an officer is also examined.

 

The Servicemembers Civil Relief Act (SCRA) enables servicemembers to devote their energy to the defense needs of the Nation by providing temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of the servicemember during his/her military service. This segment addresses the provisions of the Act, as well as the impact of the stay of proceedings, waivers, vacation of judgments in family law cases, and much more.

 

2:45 – 3:00 p.m. Break (refreshments provided)

 

More often than not, the greatest battlefield in a service members’ divorce is the military pension division. In this presentation, the speakers discuss constitutionality, retroactivity, timeliness, non-vested benefits, Uniformed Services Former Spouses’ Protection Act (USFSPA), military disability pay, federal jurisdiction, pension division, and the differing perspectives of the servicemember and their spouse regarding the pension division in reaching a final order.