In order to properly calculate a servicemember’s military retired pay in a Wisconsin divorce, you must be aware of the difference in reserve vs. active duty retirement. Military regulations require that retired pay for servicemembers retired from active duty is calculated based on months of service. Members who retire from the reserve calculate retired pay […]
Receipt of disability benefits by a military servicemember can have a significant effect on the ex-spouse in a Wisconsin divorce. When a servicemember retires with a disability rating, his/her military retired pay may be affected. If the disability rating is greater than 50%, the member receives both the full disability pay and full military retired […]
Military servicemembers receive various forms of pay. A parent working with his/her divorce or child custody lawyer must be aware of the meaning and availability of those forms of pay. Basic pay: this is the servicemember’s pay, equivalent to a salary for civilian employees. Basic allowance for housing (BAH): military housing allowance based on […]
A spouse of a military member at divorce must be aware of his/her rights regarding the division of military retired pay. The actual division of the pay is addressed in separate posts. However, once the spouse’s portion of the retired pay is awarded, the spouse should take steps to protect it. The survivor benefit plan […]
When a servicemember is divorced, his/her military retired pay is often divided with the ex-spouse. Whether you are the servicemember or the spouse, it is vital to ensure that the calculation is done properly. A Court Order Acceptable for Processing (COAP) is a document required by the military to specify the exact terms […]
A COAP is shorthand for Court Order Acceptable for Processing. This document is an order, separate from a Wisconsin divorce judgment, that the military requires to divide military retired pay between ex-spouses. When a military member is divorced, the court grants a judgment. The spouses’ property will be allocated in that judgment. Since a servicemember’s […]
This blog entry will provide a more in-depth discussion about the ways domestic violence can impact legal custody determinations, in Wisconsin. When domestic violence is part of a relationship, making decisions together as parents can be impossible, and it stands to reason that a parent who has abused the other should not make major decisions […]
Military servicemembers should be aware of a few rules related to child custody issues in Wisconsin. First, the Uniformed Soldier’s and Sailor’s Civil Relief Act provides some protections for active duty servicemembers facing a divorce filing in Wisconsin. The Act permits an active duty servicemember to delay a divorce, child custody, or support matter during […]
After divorce, many spouses of military servicemembers worry that he/she will lose health insurance (known as Tricare). Whether a spouse can keep health insurance after the divorce depends on several factors. Tricare ends on the date of divorce, except as follows: Option 1: The “20-20-20” Rule If the former spouse servicemember: 1. has 20 […]
If you have children with an abusive partner and are contemplating divorce, legal separation or a paternity action, you probably have questions about whether a parent who was abusive to the other parent will still be able and allowed to make decisions for your children. This blog will clarify the ways in which Wisconsin family […]
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