Essentially, the court will determine whether it is in the child’s best interest to relocate. A Louisiana court will consider the same factors as civilian divorces when determining child relocation in a military divorce. In the absence of a plan for financial child support, interim support measures are determined by the military until a court order is obtained.ĭue to the transient nature of military service, child relocation is a big issue in military divorces. If there is a written support agreement between the military service member and the child’s other parent or when there a state court order has been in place, a military service member is required by law to provide financial support under the terms of the agreement or legal court order. military service members and veterans to provide child support to their custodial and non-custodial children. See here for more information about uncontested divorces.Ĭhild support and spousal support are determined under Louisiana guidelines, but federal law dictates that these awards may not exceed more than sixty percent of a servicemember’s pay and allowance. If your spouse waives service, you may still obtain an uncontested divorce. It is important to note that the court will never sign a default judgment (the method commonly used in an “uncontested divorce”) when your spouse is active in the military unless your spouse signs a waiver acknowledging the divorce and waiving service. If your spouse is deployed overseas or otherwise not adequately able to respond to the divorce for other reasons related to his/her service, you will not be able to move forward with your case without your spouse’s consent under the Soldiers and Sailors Civil Relief Act. You or your spouse must have been living or stationed in Louisiana for at least six months before you can file a suit in Louisiana. The first issue is the proper location to file your suit. However, there are several federal statutes the court must consider when handling a military divorce that will affect distribution of pension, spousal support, child support, and child relocation. Military divorces in Louisiana are, in most facets, handled the same way as civilian divorces.
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