Representing military personnel and their family members in Family Law related matters can be rewarding, fulfilling and one of the most challenging legal undertakings presented to the Family Law Practitioner. The purpose of this paper is to provide practical tips, insights, to demystify the practice and highlight the uniqueness of this field of study. As a result, there can be a better understanding of the culture, needs and special requirements demanded by the military status and ultimately a better representation of the military client in the civil court system.

KNOW THE CULTURE OF YOUR CLIENT

When a potential military client makes an appointment to see you, insure that the intake staff is instructed to get their rank. Not only is it a sign of respect to address military personnel by their rank, it will give you an insight as to the relevant complexity of your case and the client’s ability to pay. It is disrespectful to call a commissioned officer, “Mr.” “Mr.” is a title reserved for warrant officers; a subordinate rank to a commissioned officer. An eagle insignia could be a “specialist” (E-4) or a “Colonel” (06). Know and study the rank structure. You may call all male soldiers “Sir” and be within the bounds of protocol. You may address all female military personnel as “Ma’am” and dodge the bullet. Familiarity terms may be interjected as you get to know your client.

Note that military clients may not be able to wait a week for an appointment. Stress and short time-frames are part and parcel of their daily existence. If at all possible give them special consideration when scheduling appointments.

In the initial interview always include concepts and terms as Home of Record, Deployment, Re-deployment, LES, Basic Entry Pay Date, PCS, DEROS, Relocation, TDY, Rotation, BAH, BAS, Unit, Chain of Command, email address, cell phone number.

The initial interview MUST be precise, concise, timely and highly informative for both of you. It may be your last face to face encounter.

JURISDICTION
Spend considerable time on jurisdictional matters. The state of Texas may have jurisdiction over your client and not the Respondent or the children. The court may have jurisdiction over the parties, but not the property. The court may have jurisdiction over both parties for divorce purposes, but not over the division of the military retirement.

SERVICE OF PROCESS
Service of process is another concern when the Respondent is stationed on a military reservation; when the Respondent is on a ship in the United States or overseas; or on a base or post or living on the economy overseas.

A common example is a Petitioner domiciled in Texas. The Respondent has never been to Texas; the Respondent is a resident of Washington state. The Respondent is in the process of PCSing to Germany; and, upon arrival at his unit in Germany he is being deployed to Iraq. Where is effective service and how?

SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)
If you can get him served, what rights does he have under the Servicemembers Civil Relief Act? If children are involved, can he use those rights to defer the payment of child support? Can the family be left without adequate support, shelter, transportation and benefits because he invokes his rights and claims that his military duties will not allow him to address these matters in court at this time?

ARMY FAMILY SUPPORT REQUIREMENTS (AR 608-99)
In advising the military family member, do you tell him/her that the servicemember can shirk his financial responsibility to his family because there is no court order or agreement establishing his financial obligations? What, if any, duty or obligation does the military impose upon servicemembers, absent court intervention, to support their family members? The practitioner MUST become familiar with AR 608-99 and be able to advise the family member of the chain of command and the other resources available when situations of this nature occur.

ESTABLISHMENT, COLLECTION AND ENFORCEMENT OF CHILD SUPPORT
To adequately address the needs of the military client, the practitioner must know what other agencies and entities are available to establish and collect child support for military families. How do these agencies partner with the federal government in insuring that military children are adequately supported financially?

What are the avenues available to mobilized reservists to adjust their child support obligations when their civilian income was $90,000.00 per year and the income of a mobilized sergeant is considerably less? How soon can that be done? Will a court hearing have to be scheduled? Can it be done before he/she leaves?

To properly counsel or advise military clients concerning child support, one must have the requisite tools and knowledge concerning military rank, longevity, pay and allowances. One must know what is taxable and non-taxable income; the differences between BAH and BAH II (Basic Allowance for Housing); BAS (Basic Allowance for Subsistence). What significance is the distinction between “Pay” and “Allowance?” Is income different when a servicemember is stationed in a “Combat Zone?” What is a combat zone and how can we determine what or where a combat zone is?

UNIQUE PARENT-CHILD ISSUES
Even though the weight of the information and cases appears to disfavor the uprooting of children; moving, deployments and relocation is part of the military culture and existence. What can military families expect in a divorce and custody when the parties are not originally from the area where they are stationed and for good reason the spouse with the children wants to move back to familiar and more supportive surroundings? Who pays for traveling expenses for visitation purposes? How should expenses be allocated? What if visitation is overseas?

What problems or issues are presented to military children that move from base to base, state to state and country to country? Is there any detriment to their development? What facilities are available to assist them? How good are the DOD schools? What benefits, if any, are there in being a “military brat?”

MILITARY RETIREMENT CALCULATION, DRAFTING, ACCEPTANCE, CLARIFICATION AND ENFORCEMENT
The clients may ask, what portion, if any, of the military retirement, am I entitled to? What is the “10 Year Rule?” What is “HIGH 3”? Who pays for the SBP (Survivor’s Benefit Plan)? If I remarry do I lose my military retirement benefit? What is the 20/20/20 Rule? What is the 20/20/15 Rule? How does the servicemember’s VA Waiver affect my retirement award? What is concurrent receipt? What is the Combat Related Special Compensation (CRSC)? How do they affect my military retirement award? Why did DFAS say that my divorce decree has to be clarified in order for me to get my award? What are the procedures for me to take in order for DFAS to accept my retirement application and/or my SBP election?

FAMILY RELATED ASPECTS OF THE UCMJ
Your interview may include the aspects of criminal non-support and fraud, domestic abuse, adultery as a criminal offense and whether it is advantageous to raise the issue; how debt, bankruptcy and NSF checks can affect a career; why separation agreements and military family care plans may have no effect in family courts.

THE SIGNIFICANCE OF HANDOUTS
Due to the uniqueness and complexity of Family Law and the Military, it is highly advisable that the practitioner familiarize himself with the many pamphlets, handouts and websites that have information concerning this specialized subject. It is also recommended that the Practitioner give handouts to the servicemembers for study, understanding and preventive measures. It is suggested that practitioners use only information from approved, authoritative sources. Copying the information on to the practitioner’s letterhead is not prohibited; changing the content of the information is not advisable.

KNOW YOUR RESOURCES
The military has a plethora of individuals, entities and agencies that are available to assist the servicemembers and their families in crises. Often many situations can be resolved without resorting to the judicial system. It is imperative that the Family Law Practitioner have available the resources to which he can refer the military client. The resources include but are not limited to the following:

1. The servicemember’s Chain of Command.
2. The Post Legal Assistance Office (SJA)
3. Claims (SJA)
4. Trial Defense Service
5. The Unit Chaplain
6. The Inspector General
7. AER (Army Emergency Relief)
8. Family Advocacy
9. Finance
10. Housing
11. Transportation
12. TRICARE
13. Red Cross
14. Mental Health
15. CID/MPs
16. Armed Forces YMCA
17. ACS (Army Community Services)
18. Veterans Administration
19. State Attorney General
20. Child Protective Services
21. County Attorney
22. District Attorney
23. Military Related Websites

Each practitioner serving the military client in family law related matters should do so with professionalism, courtesy, efficiency, specialized knowledge and patience. The effective interview and counseling of military clients include obtaining pertinent and unique facts, giving accurate, authoritative information, knowing the law and regulations; articulating in a balanced manner the positive and negative aspects of the issues and, if necessary, referring the case to someone else capable of handling such matters.

Handouts can save time; answer the frequently asked questions; educate you and the client; cover the bases; reduce mistakes, grievances, misunderstandings; and promote efficiency. Additionally, it is recommended that practitioners use email for updates to clients and for follow ups. Using authorized websites as electronic handouts accomplishes the same positive results as previously stated.