I was just served with divorce paperwork, what do I do?

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If you received divorce paperwork you should have received a document called a “Summons and Complaint”, form MC 01 (at the bottom).  Read this form carefully.  This form will tell you how many days you have to file an “Answer” to the Complaint for Divorce.

You have 21 days after receipt of the Summons to file an Answer if you were served by way of personal service.  If you were served by mail, you have 28 days to file and Answer, or take other legal action.  You must file an Answer (possibly multiple copies) with the court and serve a copy on the other party, or the other party’s attorney.

If you do not file an Answer you are subjecting yourself to be in default.  A judgment may be entered against you in favor of the other party’s requests. You are also subjecting yourself from being precluded from participating in the divorce action.

Divorce: Servicemembers and their Domicile.

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A person can file for a divorce in Michigan if Michigan has personal jurisdiction over the parties and the matter.  That is, Michigan has to have the power to exercise their judgment (authority) over the parties.

In order for a party to be able to file a divorce in Michigan, one party must have resided in Michigan for 180 days immediately preceding the filing of the complaint for divorce and must have resided in the county in which the divorce is to be filed for at least 10 days preceding the filing.

For servicemember’s, the resident of the servicemember may be different from the place where the servicemember is stationed or the servicemember’s home of record.  In fact federal law allows a servicemember to retain his/her legal residence at the time the servicemember entered into military service.  Nevertheless, depending on the servicemember’s action and intent, the servicemember may have indeed changed his/her domicile.  However, in order for a servicemember to change his/her domicile the servicemember must show unequivocal intent to abandon his/her domicile and retain a new one.

BAH (Basic Allowance for Housing) and Family Support?

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BAH or basic allowance for housing is a housing allowance provided to a solider based on geographic duty location, pay grade, and dependency status.

Army Regulation 608-99 is the Army’s regulation regarding family support, child custody, and paternity.  In regards to this topic, AR 608-99 obligates a soldier or servicemember to financially support his/her family.

If No Court Order Exists:

In the absence of an oral or written financial support agreement, a family of a servicemember is entitled to a pro rate share of the servicemember’s BAH –II WITH.

The formula is:

1 / Total Number of Family Members Supported       x   Applicable BAH-II Rate   =

This formula does have exceptions and should be used accordingly.

If a Court Order Exists:

If a court Order or another form of a written agreement exists then this written agreement controls the soldier’s financial support obligation. The solider is not required to provide his/her family the support ordered under the written agreement and the pro rata share.

I am in the Military, what is my “income” for child support purposes?

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A servicemember’s income, used to calculate child support, includes:

  • Basic and Specialty Pay (BAS);
  • Basic Allowance for Housing Type II rate (BAH-II);
  • Allowance for Quarters and Rations;
  • Veterans’ administration benefits;
  • G.I. benefits (other than your education allotment);
  • Drill Pay; and
  • Reenlistment bonuses

 

BAH (Basic Allowance for Housing) and Family Support

by ·Comments Off on BAH (Basic Allowance for Housing) and Family Support

BAH or basic allowance for housing is a housing allowance provided to a solider based on geographic duty location, pay grade, and dependency status.

Army Regulation 608-99 is the Army’s regulation regarding family support, child custody, and paternity. In regards to this topic, AR 608-99 obligates a soldier or servicemember to financially support his/her family.

If No Court Order Exists:

In the absence of an oral or written financial support agreement, a family of a servicemember is entitled to a pro rate share of the servicemember’s BAH –II WITH.

The formula is:

 

                                         1                                               X             Applicable BAH-II Rate

Total Number of Family Members Supported

This formula does have exceptions and should be used accordingly.

 

If a Court Order Exists:

If a court Order or another form of a written agreement exists then this written agreement controls the soldier’s financial support obligation. The solider is not required to provide his/her family the support ordered under the written agreement and the pro rata share.