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Special Considerations in a Military Divorce

Divorce is a trying time for many, especially those within the United States Armed Forces. Although the divorce process doesn’t change for service members, there are some unique challenges involved.

Special Considerations in a Military Divorce

Every divorce case is different. This is most evident in military divorces. Some of the special considerations that arise during a military divorce include:

  • Child support calculations: If a parent is deployed overseas, tax issues may arise that directly impact the calculation of child support payments.
  • Child custody and deployment: Creating a solid and efficient child custody plan becomes challenging when one parent is deployed. 
  • Modifications due to changing circumstances: In the military, change is inevitable. Child custody, alimony, or child support modifications may be required to accommodate new changes such as deployments or relocations.

Another difference lies in your retirement benefits. State and federal laws allow both spouses to access military retirement benefits due to divorce. According to the Uniformed Services Former Spouses’ Protection Act, a court can award up to 50% of a service member’s retirement pay to an ex-spouse. 

Of course, the division depends on many factors such as the length of active-duty service. This protection complicates property division in a military divorce.

The Servicemembers Civil Relief Act and Divorce

When one or both spouses are currently deployed, divorce can become a bit tricky or may need to be postponed. The Servicemembers Civil Relief Act protects all active-duty service members while on active duty. The act prevents service members from being taken to court for civil proceedings such as divorce and child support hearings. 

The protection begins on the date of entering active duty and ends within 30 to 90 days after discharge. 

Call the Military Divorce Attorneys at Schneider Law Firm

As you can see, you must enter a military divorce with care. We recommend reaching out to an experienced military divorce attorney who can guide you through the process. Allow us to support you along the way. To learn more about military divorce or to discuss your case, call our Ft. Worth office at 817-755-1852 or send us a message.

When to Consider Modifying Your Child Custody Order

A child custody order explains the custody arrangement for your children and is often created during a divorce or legal separation. If your order no longer works for you and your family, you can request a child custody modification in court.

When Should You Consider Modifying Your Child Custody Order?

Here are common reasons why a parent may seek to modify an existing custody order.

  • A parent is relocating: If you or your ex-spouse decides to relocate to a distant location, the court will consider changing the custody order. 
  • A child is in immediate danger: If abuse is suspected in the current household, the court will consider a modification.
  • A parent’s work schedule changes: If either spouse’s work schedule changes, a modification may be required to ensure a child can attend school and other activities.
  • A parent’s health changes: If a parent receives a diagnosis requiring medical attention, the order may need to be modified to ensure a child’s life isn’t interrupted due to medical care.

Other reasons for modifications may include the death of a parent, custody order violations, remarriage and a parent’s inability to provide childcare.

The court may not consider changing a child custody order if it appears to work. After all, they’re most concerned about what’s in the best interests of your children. If a modification will disrupt your child’s life, the court will want solid reasons why it’s a must.

The Child Custody Modification Process

If you believe you have a solid reason for modification, you must file a petition or motion to modify child custody in court. Once filed, the other parent will receive notice of the motion. The case will then reopen and follow a similar process as the original case. If you can prove your case for modification, you and your ex-spouse will receive a new custody order reflecting the changes.

We recommend reaching out to an attorney who can help you determine your options and how to best proceed.

Reach Out to Schneider Law Firm in Ft. Worth Today

Do you believe you need a child custody order modification? If so, we’re here to help. To learn more about custody modifications, call our Ft. Worth office today at 817-755-1852 or send us a message.

The Consequences of Not Defending a Protective Order

During a divorce or child custody case, false allegations of violence are often made, resulting in a protective order. A restraining order turns your case into a criminal matter that requires proper defense. Without defense, there are far-reaching consequences that may go even further than damaging your case.

The Effects of a Protective Order on Your Case

A protective order or restraining order is a court order used to protect a party from further harm from another party. For example, it’s often used to prevent further violence, abuse or harassment. If you are served with a protective order, you must defend yourself to avoid the court finding you:

  • Unfit to share joint custody of your children
  • Unable to be trusted with unsupervised visitation with your children
  • At fault for the end of your marriage, resulting in your spouse receiving a larger share of community property or spousal support from you

You Must Secure Protective Order Defense

It is the court’s responsibility to decide what’s in the best interests of your children with the facts given. You must secure protective order defense to protect yourself. In some cases, it’s possible to discover the victim of an order of protection is actually the perpetrator. Yet, it takes someone experienced to dig deeper and gather evidence in your favor.

We recommend reaching out to an experienced divorce and defense attorney who can guide you through this trying time.

What if the Allegations Are True?

If violence or abuse of any kind has occurred, there’s a defense available for that as well. You can seek help for your past mistakes. Before a case can be made in your favor, you’ll need to take some additional steps such as seeking therapy or anger management. An attorney can help you decide what next steps you should take to help you and your case.

Protective Order? Reach Out to the Attorneys at Schneider Law.

Have you received a protective order during a divorce? It’s possible to find help. Our attorneys have experience in both criminal defense and family law, ensuring you receive the guidance you need. To learn more about protective orders, call our Arlington office at 817-799-7125 or send us a message.

When to Consider Modifying Your Child Custody Order

A child custody order explains the custody arrangement for your children and is often created during a divorce or legal separation. If your order no longer works for you and your family, you can request a child custody modification in court.

When Should You Consider Modifying Your Child Custody Order?

Here are common reasons why a parent may seek to modify an existing custody order.

  • A parent is relocating: If you or your ex-spouse decides to relocate to a distant location, the court will consider changing the custody order. 
  • A child is in immediate danger: If abuse is suspected in the current household, the court will consider a modification.
  • A parent’s work schedule changes: If either spouse’s work schedule changes, a modification may be required to ensure a child can attend school and other activities.
  • A parent’s health changes: If a parent receives a diagnosis requiring medical attention, the order may need to be modified to ensure a child’s life isn’t interrupted due to medical care.

Other reasons for modifications may include the death of a parent, custody order violations, remarriage and a parent’s inability to provide childcare.

The court may not consider changing a child custody order if it appears to work. After all, they’re most concerned about what’s in the best interests of your children. If a modification will disrupt your child’s life, the court will want solid reasons why it’s a must.

When to Consider Modifying Your Child Custody Order | Schneider Law Firm, P.C. | iStock-598689282
817-755-1852 – Change is inevitable. You may need to consider modifying your child custody order if it’s in your child’s best interests. To learn more, visit us today.

The Child Custody Modification Process

If you believe you have a solid reason for modification, you must file a petition or motion to modify child custody in court. Once filed, the other parent will receive notice of the motion. The case will then reopen and follow a similar process as the original case. If you can prove your case for modification, you and your ex-spouse will receive a new custody order reflecting the changes.

We recommend reaching out to an attorney who can help you determine your options and how to best proceed.

Reach Out to Schneider Law Firm in Ft. Worth Today

Do you believe you need a child custody order modification? If so, we’re here to help. To learn more about custody modifications, call our Ft. Worth office today at 817-755-1852 or send us a message.

How Divorce Will Affect Your Stimulus Payment

In April, the US Treasury Department and IRS began distributing economic impact payments (stimulus payments) to families across the country due to COVID-19. Married couples should expect $2,400 if their adjusted gross income (AGI) is $150,000 or less. Individuals can expect $1,200 if their AGI is $75,000 or less.

But what happens to your stimulus payments when you’re going through a divorce? Will you still be able to receive some financial assistance?

Were You Married During the 2018 Tax Filing?

If you haven’t yet filed your 2019 taxes (due to the extension), your stimulus payment will be based on your 2018 taxes. If you were married and filed jointly on your 2018 taxes, your stimulus payment will include $1,200 for both you and your spouse, regardless of your current divorce proceedings. You’ll also receive $500 for each child you and your spouse claim as a dependent.

The stimulus payment will be sent to your bank account used for your 2018 taxes if you chose direct deposit. If not, you’ll receive a check in the mail at the address used in your filing, even if it’s the previous marriage home.

Becoming Separated After the 2018 Tax Filing

If you became separated after the 2018 tax filing, you must file your 2019 taxes as quickly as possible. It’s important to notify the IRS of your updated status, so you may receive your payment. If you’ve already filed your 2019 taxes and are now separated, you’ll need to work with your ex-spouse to divide the stimulus payment between you.

What If I’m Unable to Work With My Ex-Spouse to Receive My Payment?

If you and your spouse are unable to work together to divide the payment, you have the option to seek a court order to divide the funds. We recommend reaching out to an experienced divorce attorney who can help you decide the best step to take next.

Questions About Your Stimulus Payment? Reach Out to Us.

We understand that times are tough right now. The stimulus payment is meant to bring you some relief. If you’re concerned about your ability to obtain the amount entitled to you, let us help. To learn more about how we can help, give our Arlington office a call at 817-799-7125 or send us a message.