USE CAUTION WHEN REPRESENTING SERVICEMEMBERS AND THEIR FAMILIES

Marital and Family Law Section

Chair: Joseph D. Hunt, Harris and Hunt, P.A.

acDill Air Force Base is home to two of the largest military commands in the United States, which means that chances are good that at some point you will be retained to represent a servicemember, spouse or former spouse of a servicemember. These family law cases need special treatment because, in addition to Florida laws, they are governed by the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses Protection Act (USFSPA). The first consideration when representing a servicemember is whether a stay is appropriate. There is no automatic stay that applies to servicemembers in civil cases, but, a stay is generally granted upon proper application. The SCRA provides that a court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days. The application must include a letter or other communication from the servicemember stating the manner in which current military duty requirements materially affect the servicemembers ability to appear and a date when the

and when it servicemember will changes can be be available, along a huge advantage with a letter or other in your communication from representation. the servicemembers With regard commanding officer to equitable stating that the distribution, the servicemembers USFSPA provides current military duty that the court may prevents appearance treat disposable and that military retired pay as leave is not marital property. authorized for the At a minimum, Accordingly, servicemember at Florida courts can, the time of the letter consult with an and do, divide the The SCRA is not attorney who marital portion of intended to protect practices in the military pension a servicemember who regardless of the starts an action while the area of length of marriage. deployed or to serve family law for There is no ten as a delay tactic. year minimum for Furthermore, the servicemembers. division, however, current military duty in order to receive must materially affect direct payment. the members ability Ten years of service needs to to participate, which means that overlap with ten years of the not all military service will warrant marriage. The pension can be a stay. divided in the Final Judgment. Looking to alimony and child If done correctly, no separate support, servicemembers receive order is needed. several types of income not all of In representing the which is taxable. This materially servicemember or spouse, it is affects child support and alimony. imperative to know what laws Part of the income is a housing apply and how to leverage those allowance, which varies depending laws strategically. If you are on the servicemembers station, not experienced in this area, rank, and dependents. Retired at a minimum, consult with an servicemembers may receive attorney who practices in the area multiple forms of pay, including of family law for retired pay, disability pay or servicemembers. concurrent retirement and disability pay. The interplay between these Author: forms of pay and the taxability of Kristin R. H. each form can greatly affect the Kirkner, Esquire, ability to pay alimony and child DeCort & support. Knowing what type of Kirkner, P .L. income is available, how it is taxed

JOIN US FOR THE FAMILY LAW QUARTERLY LUNCHEON AND CLE ON MAY 26TH.

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APR 2011 / HCBA L AWYER