DAD SERVING OVERSEAS MAY LOSE CUSTODY BECAUSE OF INABILITY TO APPEAR IN MICHIGAN COURTROOM

Matthew Hindes is a sailor stationed in a submarine somewhere in the Pacific. Four years after he was granted permanent custody of his child, 6-year-old-Kaylee, from his ex-wife, a circuit court judge has ordered him to appear in court over his ex-wife’s custody petition filed last year. “At this point, I don’t think I have any alternative but to enter a bench warrant for his arrest,” Judge Margaret Noe stated Monday according to the Daily Telegram, despite reviewing a letter authenticating his service overseas. Candidly, it is very hard to understand the rationale behind this ruling just based on what

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Changes in military retirement will have major impact on divorces

The new military retirement system began on January 1, 2018. The question of how retirement benefits will be divided in divorce is always important to both parties, but it just got more complicated for military divorces. On January 1, 2018, a new military retirement program began called the Uniformed Services Blended Retirement System or BRS. New features These are the key changes from the new plan: The introduction of a 401(k)-like component, called a defined contribution plan An optional bonus in exchange for a longer service commitment An optional lump sum payout at the beginning of retirement pay in exchange

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Stays in Divorce Proceedings Involving Service Members

Pursuant to the Servicemembers Civil Relief Act (“SCRA), active duty military personnel cannot have a default judgment entered against them for failing to respond to a divorce action. The divorce proceeding may be postponed for the entire duration of active service, up to sixty (60) days thereafter. However, this stay can be waived by the active duty military personnel if he/she wishes to proceed with the divorce. When a service member lacks notice of the proceedings, the SCRA requires a stay (or continuance) of at least 90 days when: 1) the court decides that there may be a defense to

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U.S. Supreme Court case will impact former and future military divorces

On behalf of Kirk Stange Complex matters concerning military retirement and disability pay are at issue. In May 2017, the U.S. Supreme Court issued an opinion that will impact many military divorces involving division of military retirement pay when the military spouse also becomes eligible for veterans’ disability benefits. The ruling concerns legal issues that arise at a complex intersection of federal military law and state divorce law. Federal military law As background, the federal Uniformed Services Former Spouses’ Protection Act gives state courts power to divide military retirement pay as community property in divorce. Another kind of benefit that

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Thank You This Memorial Day

Memorial Day, a true American holiday, honors the men and women who gave their lives while serving in the U.S. military. The holiday is observed by: visiting cemeteries of those who went before us; holding family gatherings enjoying those that are with us; watching and participating in parades that honor the freedom that has been earned with steadfast determination. But military life is tough on families. And, sometimes, even more tough when transitioning out of the military with marriage the casualty. In a letter written by Kate Horrell posted in paycheck-chronicles.military.com, she talks about obtaining professional legal help when military

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Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw

Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw

Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

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