We generally will provide the Marital Settlement agreement and other basic papers within 1-2 business days ONCE FULL payment and all required information IS PROVIDED.
DIVORCE ATTORNEYS

Gumataotao & Pole

military divorce

family and child support.


Military Ordered Family Support
Court Ordered Support
Leave and Earning Statement
Air Force Family Support
Navy Family Support

 

Military Ordered Family Support 

Each military service has a regulation requiring its service members to support family members upon separation, in the absence of an agreement or court order. Once a court orders support, or the parties enter into a separation agreement, the military follows the order or agreement. Very often, the required military amount of support is much higher than a court would award. Also, in many instances, the military requires a combined amount for support of the children and the spouse even in instances where the spouse would be very unlikely to obtain an award of alimony or spousal support in divorce court. (for example, when the spouse is employed or the marriage was short). The military spouse also continues to be eligible for spouse benefits (Military ID, medical, etc) until a final divorce decree is entered. So a non-member spouse often has substantial incentives to delay the divorce proceedings, while the member spousal can benefit from obtaining a divorce decree (or at least temporary orders) as quickly as possible.

If a military couple separate, but the member is not paying any support, the spouse seeking support can request assistance from the servicemember's commander, and if that does not work, the local JAG office or Inspector General. But unlike court-ordered support, military family support cannot be garnished, nor can a commander actually divert a servicemember's pay to the spouse. However, a servicemember who fails to pay could be punished under Article 92, UCMJ for violation of a lawful general regulation, and DFAS may recoup any BAH received for dependents the servicemember was not actually supporting.  

Court-Ordered Support

If the service member or the children live in Guam, the Guam court will hold a child support hearing shortly after a divorce is filed. If the court makes a child support order, it will be based on the Guam Child Support Guidelines. The order will supercede military regulations as to the amount of child support. To learn more about Guam's laws regarding child support, click here.

The initial order is usually a "temporary order" and will provide for child support until a final divorce decree is entered. At that  time, the amount of support may be adjusted based on the what the court decides about custody, and additional information about the parties' income.

For purposes of calculating child support and maintenance, Guam ’s Child Support judges use a broad definition of "gross income", which usually includes every dollar the servicemember receives on the LES, even though some of the allowances may end once the service member is transferred or the divorce is finalized.

A party to a divorce can also receive temporary spousal support, and even help with attorney fees to pay for the divorce. These items are not automatic. The party must request a hearing and convince the court there is a need for such support. The court's decision on spousal support will be based on the income and comparative needs of the parties. See, Getting Started with a Contested Divorce 

Leave & Earnings Statement (LES)

You can learn a lot from a Leave and Earnings Statement  including the servicemember's pay grade, years of service, and gross pay. But what do those numbers really mean? A servicemember's gross monthly pay primarily consists of:

1. Basic Pay, which varies depending upon the servicemember's pay grade and years of service.  (Click to view the latest military pay chart).

2. Basic Allowance for Housing (BAH). Servicemembers receive BAH unless they reside in military housing or the barracks. The amount varies, depending upon pay grade, dependent status, and home station zip code. (Click to calculate BAH).

3. Basic Allowance for Subsistence (BAS). servicemembers without meal cards receive BAS, which in 2005 was $183.99 per month for officers and $267.18 per month for enlisted (see page 2 of the military pay chart).

4. Cost of Living Allowance (COLA), if the servicemember is stationed overseas.  (Click to view COLA tables).

It is important to review the LES, since there are a variety of other allowances a servicemember may be receiving, such as jump pay, family separation allowance, hostile fire pay, flight pay, hazardous duty incentives, hardship duty location pay, professional pay for medical officers, sea pay, submarine pay, dive pay, clothing allowances, overseas per diems, partial BAH, etc.

Air Force Family Support

Air Force Instruction 36-2906, Personal Financial Responsibility requires airmen to "provide adequate financial support of a spouse or child or any other relative for which the member receives additional allowances for support. Members will also comply with the financial support provisions of a court order or written support agreement."

Support includes not only cash payments, but in-kind payments like buying groceries, paying bills, etc. Unlike the other services, the Air Force does not attempt to define the level of support, instead leaving it up to the parties' agreement, and civilian courts if the parties do not agree. Even when a commander receives a complaint of nonsupport, the commander cannot define an adequate level of support.

Navy Family Support

MILPERSMAN 1754-030 provides a guide for family support, expressed as a fraction of the sailor's "gross pay" (defined as base pay plus BAH, if entitled, but excludes all other allowances, such as BAS, hostile fire pay, etc).

Spouse only: 1/3

Spouse & 1 minor child: 1/2

Spouse & 2 or more children: 3/5

1 minor child: 1/6

2 minor children: 1/4

3 minor children: 1/3

The sailor may obtain a waiver of these amounts if the civilian spouse deserted him/her without cause, physically abused him/her, or committed adultery. The waiver should be submitted through the chain of command to the Director, Navy Family Allowance Activity. Should a waiver be granted, it only applies to the spousal portion, and not the portion attributable to children.