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Military Family Law Archives

Understanding the Continued Health Care Benefit Program

The stresses involved with being in a military marriage in San Antonio can exact quite a toll on the civilian spouse. While the benefits that he or she might enjoy through his or her service member may be beneficial, having to deal with issues such as the potential for deployment may outweigh those advantages. Indeed, information shared by Military.com shows that prior to 2001, military divorce rates were only at 2.6 percent. That number climbed to 3.7 percent in 2011, and was still at 3 percent as of 2015. Yet for those civilian spouses who do choose to end their military marriages, the question of how they will deal with the loss of their benefits looms large.

How do family courts view your military allowances?

As a member of the military in San Antonio, you are likely very familiar with reasons behind your current military pay scale placement. However, if you also happen to be a spouse (or a parent) that is in the process of filing for divorce, you may not know exactly how the court views your income status when determining things such as alimony or child support. Military members receive added benefits on top of their regular pay which many view as offering income advantages not enjoyed by civilians. The question is whether or not those benefits affect the amount the court considers when determining your potential child and spousal support obligations.

Does divorce effect you and your children’s Tricare eligibility?

If you meet and marry a member of the military on San Antonio, you may become eligible to receive military benefits. Your new spouse simply needs to go and add you (plus any children that you may have) to the Defense Enrollment Eligibility Reporting System. Once that occurs, you and your dependents may begin to enjoy benefits such as Tricare, the health care program covering military members and their dependents. Through Tricare, you can receive health and even dental insurance for services performed by civilian providers. Yet what happens to that coverage if you get divorced?

Making up for time lost with your kids during deployment

For divorced parents in San Antonio who are called away to military duty, the time spent away from their children may be extremely difficult to deal with. If you have missed time with your kids due to a deployment, then you may hope to make up for the time lost upon your return. Many in your same situation come to us here at The Law Office of Roland R. Esparza, P.C. concerned that they will immediately have to go back to honoring their original child custody agreement. However, you may be happy to hear that is not always the case.

Who assumes your parental role while you are on military duty?

If you are a divorced parent who also happens to serve in the military, then the possibility of your being sent far away from San Antonio for an extended period of time may be ever present. You may wonder what sort of implications a deployment, mobilization, or temporary military assignment may have in regards to your rights and access to your kids.

Preparing your kids for a pending deployment

For those San Antonio military couples that we here at the Law Office of Roland R. Esparza, P.C. work with, even more difficult than going through divorce proceedings is preparing their children for a pending deployment. If you have kids and are preparing to be deployed or have an ex-spouse who is, then it may be imperative for the two of you to work together to prepare the children properly. Taking the right steps before you or your ex leave can help your kids to better cope during this potentially troubling time.

Retaining child custody rights during deployment

For those servicemen and women in San Antonio dealing with child custody issues, the potential of being deployed and how that could impact their current custody standing no doubt weighs heavily on their minds. The increase in military deployments due to various conflicts around the globe in recent years has served to spotlight the need to have guidelines and regulations in place specifically dealing with child custody concerns for military members. Indeed, the fact that DoSomething.org reports that over 2 million children in the U.S. have had at least one parent deployed since 2001 emphasizes this fact.

Can you compel a serviceman to take a paternity test?

Given San Antonio’s proximity to several military installations, it may come as little surprise for some to see the many military members involved in romantic relationships with local residents. If you are involved in such a relationship and you end up having a child, then the issue of military benefits comes into play. I you choose not marry the serviceman, and he ultimately disputes the possibility of him being the child’s father, then you may be left of facing the challenge of establishing paternity through the assistance of the military.

Receiving military SBP benefits after a divorce

The unique benefits afforded to military members in San Antonio  can make divorce issues much more complicated if and when they choose to separate from their spouses. In many instances of military divorce, the civilian spouse relies heavily on those benefits. The end of the marriage often does not signal the end of this reliance. He or she many continue to receive the assistance that those benefits provide as part of a divorce decree. However, many in this situation often wonder what will happen to that assistance once their ex-spouses die.

Receiving military SBP benefits after a divorce

The unique benefits afforded to military members in San Antonio  can make divorce issues much more complicated if and when they choose to separate from their spouses. In many instances of military divorce, the civilian spouse relies heavily on those benefits. The end of the marriage often does not signal the end of this reliance. He or she many continue to receive the assistance that those benefits provide as part of a divorce decree. However, many in this situation often wonder what will happen to that assistance once their ex-spouses die.