Articles Posted in Military

By

Guide to California Military Divorce

Guide to California Military DivorceSan Diego is home to more than 115,000 active-duty service members in the Navy and Marine Corps, so it makes sense for a law firm to reach out to those service members by providing legal services aimed specifically at representing those San Diego residents. Bickford Blado & Botros understand the need for military-focused attorneys who have a deep comprehension of the laws that apply to military members. Representing military divorce clients falls under this category.

Military divorce can be a bit different from civilian divorce, and it is important to understand exactly how it is different if you are involved in a military divorce. Areas such as child custody, child support, property division, and even the initial petitioning for divorce can all be complicated for military service members. Below is a guide to understanding these differences within the realm of California family law.

Continue reading

By


photo-1557166086-184bcb380d9a-202x300

For most people, the decision to get divorced is not reached on a whim.  More often than not, “Breaking up is like knocking over a Coke machine.  You can’t do it in one push.  You gotta rock it back and forth a few times, and then it goes over.” (-Jerry Seinfeld)

It is not uncommon for those going through the divorce process to at some point become frustrated by the amount it is taking to, what in itself sounds simple, end their marriage! While sometimes bittersweet, many people returning to checking the “single” box, provides, a sense of progress, relief, satisfaction, accomplishment, or even freedom. This is especially true for those who have been enmeshed in lengthy highly contentious and stressful litigation. Continue reading

By

San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.)  In addition, San Diego is home to 60% of the ships in the fleet of the U.S. Navy, and 1/3 of the active duty force of the U.S. Marine Corps.  In fact, the military and its spending in the region accounted for 26% of the jobs in San Diego in 2011.  None of this accounts for the more than 250,000 veterans who call San Diego home.  With that in mind, it should come as no surprise that San Diego family law attorneys handle many military dissolution actions.

For the most part, military divorce is very much like any other divorce.  The issues, such as child custody, child and spousal support, property division are the same as any other family law case.  However there are aspects of military divorce that are unique to service men and women.  In this blog, I will discuss some issues military members confront concerning child and spousal support. Continue reading

By

San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.)  In addition, San Diego is home to 60% of the ships in the fleet of the U.S. Navy, and 1/3 of the active duty force of the U.S. Marine Corps.  In fact, the military and its spending in the region accounted for 26% of the jobs in San Diego in 2011.  None of this accounts for the more than 250,000 veterans who call San Diego home.  With that in mind, it should come as no surprise that San Diego family law attorneys handle many military dissolution actions.

For the most part, military divorce is very much like any other divorce.  The issues, such as child custody, child and spousal support, property division are the same as any other family law case.  However there are aspects of military divorce that are unique to service men and women.  In this blog, I will discuss some issues military members confront concerning child custody and visitation. Continue reading

By

We live an increasingly mobile society, so it’s not unusual for families to find themselves in different parts of the country for a multitude of reasons. So, how is it decided which state gets to make custody and visitation orders over the children in these situations?

The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is a common body of rules adopted by every single state (except Massachusetts). A quick glance at the UCCJEA will quickly resolve the overwhelming majority of these questions. For the purposes of this blog post, the rarely used more appropriate forum exceptions will not be discussed.

There are 4 types of jurisdiction under the UCCJEA: (1) Initial jurisdiction (2) Continuing, Exclusive Jurisdiction (3) Modification Jurisdiction and (4) Emergency Jurisdiction.Initial jurisdiction is described in Family Code section 3421. California has jurisdiction to make an initial child custody determination if California “is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.” The “home state” is defined as the “state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned” by Family Code section 3402.

So if the child was in California for the six months before the first child custody proceeding was commenced, California could assume jurisdiction.

Once California has jurisdiction over the child, under what circumstances does California cede jurisdiction to another state? Under Family Code section 3422, California has continuing, exclusive jurisdiction to make orders over a child unless:

“(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships. (2) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state. ..”

The language of this statute can be intimidating, but it can be boiled down to the following rules of thumb:

1. California will continue to have jurisdiction to make custody and visitation orders if at least one parent remains in California and that parent continues to exercise visitation rights with the child (even if the child lives in another state). This is pursuant to Kumar v. Superior Court.
2. If the neither of the parents nor the child live in California anymore, California no longer has jurisdiction to make orders.

When can California assume jurisdiction and modify a child custody order from another state? Pursuant to Family Code section 3423, California cannot modify another state’s order unless it would have jurisdiction under Family Codes section 3421 AND either of the following circumstances exist:

“(a) The court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 3422 …
(b) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.”

In other words, if the child has been in California for six months and neither the parents nor the children continue to reside in the state that originally made the last custody order, California can exercise jurisdiction over the child.

Finally, we get to Family Code section 3424, temporary emergency jurisdiction. Temporary emergency jurisdiction trumps all the other rules. California always has jurisdiction if the child is “present in the state and has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse.” This is so, even if California would not otherwise have jurisdiction under Family Code sections 3421, 3422, or 3423.
Continue reading

By

San Diego is home to a great many families who serve our country in the armed forces. However, as is often the case, members of the military are deployed for periods of time away from home and separated from their families. Deployment is stressful for families, but takes on an added dimension after a divorce when parties have crafted a parenting plan for their child. What happens to your parenting plan when you are deployed overseas?

The State of California has made it a matter of public policy to ensure that a parent who is unable to follow a parenting plan due to their deployment is protected. California Family Code Section 3047 states, in part, that being deployed for military purposes shall not be a reason for a modification of a parenting plan on its own. It further states that upon a parent’s return from deployment there is a presumption that the parties’ return to the pre-deployment parenting plan. Any changes to that plan would require a showing that a reversion in not in the best interests of the child.The courts have recently reiterated the importance of Section 3047 in Marriage of E.U. and J.E. which requires both a speedy resolution to custody matters for a parent returning from deployment and placing the initial showing on the non-deployed parent to show why a reversion is not in the child’s best interest. This ruling strengthens a deployed parent’s rights upon their return.
Continue reading

By

If you are a member of the uniformed services or work for the Federal Government you are eligible to sign up for a Thrift Savings Plan (“TSP”). A TSP is a retirement savings plan similar to a 401(k), and it often supplements other retirement plans such as Federal Employee Retirement System (FERS) or your military retirement. Even though it is similar to a regular 401(k) it is managed by the Federal Thrift Investment Board, which is an independent government agency, as opposed to a private financial services company.

When you retire your TSP is treated the same as a 401(k). During your working years you place a portion of your pretax earnings into your TSP account and those funds are taxed when removed post retirement. Because a TSP is similar to a 401(k) they are treated in the same way during a divorce. The community portion of the TSP (the amount accrued during marriage), are divided pursuant to a specially prepared order. A Thrift Savings Plan does not fall under the Employees Retirement Income Security Act (“ERISA”), rather the order must meet different requirements under Federal Law (5 United States Code sections 8435(c) and 8467, and 5 Code of Federal Regulations part 1653, subpart A).
Continue reading

By

October has been recognized as Domestic Violence Awareness Month since 1987 in hopes of connecting advocates across the nation to help end domestic violence against women and their children. Various activities are held at local, state and national levels including mourning those who have died as a result of domestic violence, celebrating those who have survived domestic violence, and offering a toll-free hotline to help provide services and information. In San Diego, the Domestic Violence Hotline is 1-888-DVLINKS (1-888-385-4657). In 1994 a national registry called “Remember My Name” was even created to help increase public awareness of those who have died as a result of domestic violence. Unfortunately, domestic violence between married couples is very real and more prevalent than we would like to think it is. Family Law attorneys often encounter clients who have been or are currently the victim of domestic violence. Family law attorneys can play a pivotal role in helping victims of domestic violence.

California law defines domestic violence as “abuse committed against an adult or minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.” Victims of domestic violence have several legal options to protect themselves from further abuse. Although these remedies don’t necessarily stop the abuser, they do permit the victim to call the police and get the abuser arrested if/when they break the order.

If you are a victim of domestic violence and you are married to your abuser, you will likely be interested in getting a divorce. Domestic violence can be a factor in certain aspects of your divorce case, including child custody and spousal support, so it’s important that you have an experience attorney who can explain your rights to you.

Even if you haven’t filed for divorce from your abuser yet, a San Diego family law attorney can help you file a Domestic Violence Restraining Order. If granted by the Court, a restraining order against your abuser will require your abuser to not do certain things, such as being prohibited from calling, texting, emailing, stalking, attacking, or disturbing you. Your abuser may also be ordered to stay a certain distance away from you. This can be done on an emergency/immediate basis, whereby your attorney will seek a temporary restraining order to protect you while waiting for the court hearing to determine if the restraining order should become permanent for a specified period of time.
Continue reading

By

San Diego is known for its large population of military members and their families. In the San Diego County there are 16 naval and military installations of the U.S. Navy, U.S. Marine Corps and U.S. Coast Guard. We at Bickford Blado & Botros are grateful for the countless sacrifices that our military men and women make. We understand that many military members receive injuries or disabilities (both mental and physical) as a result of their service, or have injuries that are made worse during service or training. In San Diego, when a veteran is going through the divorce process, he/she may be concerned about how much of his/her disability compensation from the Department of Veteran’s Affairs will be lost due to property division, spousal support and child support obligations.

VA disability compensation is a monthly tax-free benefit that is meant to provide veterans and their families with reasonable and adequate compensation for such injuries or disabilities. The amount of the disability compensation that a veteran is eligible to receive depends of the seriousness of the disability and its effect of the veteran’s ability to earn a living. VA disability compensation is not necessarily subject to the same rules of division in divorce as most other types of income or assets.

Division of Property
With regard to property division in a divorce, VA disability compensation is not considered an asset in divorce. Unlike military retirement benefits, which are considered a marital asset subject to division, the Uniformed Services Former Spouses’ Protection Act clearly exempts VA disability compensation from being treated as a marital asset subject to division upon divorce. This means that if a spouse establishes that a bank account contains only VA disability compensation then these funds would be awarded to the veteran as his/her separate property.

Spousal Support
When a Court calculates the amount of spousal support owed, typically all sources of income will be taken into account. Since VA disability compensation is nontaxable, not subject to claims of creditors and not community property subject to division, many veterans assume that their disability payments are untouchable for purposes of calculating spousal support. However, many state courts have held that VA disability compensation may be considered income for purposes of calculating a spousal support award.

Child Support
A family law judge has the right to consider VA disability compensation as income available for child support. Also, if the party fails to pay court ordered child support then the party’s VA disability compensation may be garnished.
Continue reading

Contact Information
Del Mar Technology Center
12348 High Bluff Dr, #220
San Diego, CA 92130
Phone: 858-793-8884
Fax: 858-793-8874

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Bickford Blado & Botros
JUSTIA Law Firm Blog Design