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Special considerations in a military divorce

During a divorce in Ohio, if one spouse is in the military, there may be special considerations that have to be made. Military members being called for active duty and the receipt of veterans’ benefits can play into divorce settlements. Federal laws set regulations for the use of military compensation for alimony and child support. The Ohio Revised Code specifically outlines some regulations for parenting time for parents who get an order for active military service.

According to the ORC, courts may extend a temporary custody order that allows the active duty parent to assign his or her parenting time to someone else. Orders may also be made that require the other parents to provide telephone and electronic communication time between the child and the active-duty parent. The court may also order the other parent to provide parenting time to the active duty parent when that parent is no longer on active duty. Furthermore, if there is an ongoing custody case and a parent receives an order for active duty, the case can be expedited upon proper notification to the court.

The American Bar Association notes how veterans’ benefits can be handled in a divorce. These benefits cannot be divided as assets based on the Uniformed Services Former Spouses’ Protection Act. However, they can be used for child support and alimony payments. They also can be garnished for nonpayment of support if the service member waived retirement pay. While there may be exceptions to these rules, in general, the laws are fairly clear on how veterans’’ compensation can be considered in a divorce.

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