Long-term spousal and child support from military divorces are issued by civilian courts—a challenge of navigating military regulations and Texas law.
Any support received under requirements of the military alone is at best a temporary measure rather than an ordered solution. Just as with the divorce proceeding itself, long-term spousal and child support arrangements for Texas military families must also go through a civilian court process.
The military generally views divorce as a private civil matter
While there are certainly rights and benefits that may be associated with divorced and separated spouses in the military, according to the Department of Defense each military service has differing rules for temporary family support during a divorce separation. Long-term support, child custody rules, and the decrees associated with the divorce must go through a civilian court for Texas associated military families.
It is true that some services may allow for a commander or other administrative personnel to arrange temporary familial support during the onset of a separation, however this is not a guaranteed or long-term solution.
Once a civilian court has issued an order for support, the military may be notified through the proper paper work and channels to process it in a payroll fashion much like some civilian employers may through direct deposits or wage garnishments.
Private representation is just as important in a military divorce
A military divorce or separation can bring unique challenges to a family law case. Understanding a military divorce requires any party to navigate both military regulations and the laws of the state and localities which may govern the couple's earlier union and present dissolution proceedings. Gaining that general understanding of how each unique situation fits within those interacting rules and policies can provide a better decision making foundation going into the process.
Private counsel may help actively navigate the early stages of the divorce process through providing advice, representation, and filings for short-term support, custody, habitation rights, allowed contact proceedings such as protective or restraining orders, and other requested communications between parties or the military service.
The frameworks for both short and long-term issues in military divorces, like other divorces, may benefit from the same advantages of representation in mediation sessions outside of a courtroom. Mediation can lower conflict and costs during the divorce proceedings by aiding the parties in coming to agreements on points of property, custody, and support arrangements through a more collaborative process which takes place in a less rigid setting outside of the formal trial proceedings.
Ultimately, the military divorce and any formal familial arrangements for support must come through a civilian court's issued decrees or orders just as it happens for purely civilian separations. While the military may act as any other employer in following the civilian court orders, the enforcement through penalties or a later renegotiation of terms must similarly be issued through by a civilian court.
No matter the current separation situation it is important to contact legal counsel who understands the added complexity of Texas military divorce. A skilled private attorney can provide guidance to either party at any stage in the divorce process.
Keywords: military divorce, long-term support
