Divorcing Someone in the Military

and

Procedures for Obtaining

Medical Support from Military Parents:

Children on Child Support

Prepared by the

Pattern Forms Committee and the

Office of the Administrator for the Courts (*)(**)

Olympia, Washington

July 1997

________________________________________________________________________

Divorcing Someone in the Military

Introduction:

The law protects a spouse on active duty in the military and sometimes hearings are postponed or suspended until the servicemember can participate. The purpose of the law is to enable service members to devote full attention to their duties.

If the ability of the service member to either defend or pursue a court matter is “materially affected” by his or her military service, the court is required to wait. Thus if a spouse cannot attend a hearing due to military service, and the outcome will depend on his or her participation, the hearing may be postponed. Under normal circumstances, however, temporary decisions regarding parental rights and responsibilities and child support will be decided in the absence of the service member spouse in order to protect the best interest of the children involved.

Reservists and members of the National Guard are also protected by this law while on active duty.

When one spouse to a divorce action is in the military, the service member's residence is unchanged during active duty unless the service member takes active steps to change it. 

Hearings Without the Presence of the Military Spouse:

Default Judgments--Before a court can enter a default judgment (for failure to respond to a lawsuit or failure to appear at trial) against a military member, the court must appoint an attorney to represent the defendant's interests. Often the final divorce is delayed until the service member can get a leave and come to court.

Child Support and Spouses in the Military:

All military personnel have an obligation to support their children. Even without a court order, you may contact the commanding officer of your military spouse to help arrange for voluntary payments. If you do not know where your spouse is, the military has locator services which can tell you as follows:

The Commanding Officers of the Military Branches can be reached as follows:

United States Army: Commander, United States Army, Finance

and Accounting Center, Attn. FINCL, Indianapolis, IN 46249

(317) 542-2155

(317) 542-2154

United States Air Force: Air Force Academy Finance Center,

Attn. RPT, Denver, CO 80279-5000

(303) 370-7051

United States Navy: Navy Finance Center, Retired Pay Department

Code 301, 1240 East 9th Street, Cleveland, OH 44199-2058

(216) 522-5630

United States Marine Corps: Marine Corps Finance Center,

Code CPR, Kansas City, MO 64197-0001

(800) 645-2024

United States Coast Guard: Commanding Officer, U.S. Coast

Guard Pay and Personnel Center, 444 Southeast Quincy Street, Topeka,

KS 66683

(913) 295-2657

Income of a spouse in the military for the purposes of child support includes basic pay, basic allowance for quarters, housing allowance and dependents allowance.

Military pay may be wage withheld. Federal law provides for a limit of fifty percent (50%) on the amount that is subject to withholding for a person supporting a second family (spouse or dependent child) and sixty percent (60%) for a person who is not.       [(*) Prepared by the Family Court of Vermont (April 1994), pamphlet #13]

Procedures for Obtaining

Medical Support from Military Parents:

Children on Child Support

The following information summarizes the issues and procedures to obtain medical support at military facilities or medical coverage through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).

BACKGROUND    

Obtaining medical support from the military for a child support recipient is easier than you think, but not the same as notifying a civilian employer of an existing court order against an employee.  Before anything else, the child must first be determined to be a military dependent and enrolled in the Defense Enrollment Eligibility Reporting System (DEERS).

CASE #1: Where the family is intact, the military member, known as the sponsor, initiates enrollment of the child into DEERS by certifying the child is a dependent in terms of support and residency by providing the necessary documents and then filling out a DD Form 1172.  If the child is residing in the military member’s household, paternity does not have to be determined; however, he has to certify that he is providing over 50 percent of the child’s support.  For example, this could be the case if a military father has accepted his wife’s child by a previous marriage.

CASE #2:  For a child of a IV-D case, the documents needed for enrollment into DEERS should include a paternity determination, birth certificate, and a court order for child support--or other means of proving support.  The process is essentially the same in both situations.  While in the first case the military member will initiate action, in the second case the custodial parent will go to the nearest military base or enrollment site and present the appropriate documents to the verifying officer.  In this case, the verifying official will assist the custodial parent in filling out the necessary paperwork,and before the DEERS enrollment can be completed, an attempt will be made to have the sponsor sign the paperwork. The attempt to contact the sponsor could be the next day, or the next week, depending on where the sponsor is located. The normal procedure is to have the sponsor sign the paperwork.  If the sponsor is unwilling to sign, the verifying official may sign on behalf of the sponsor after all efforts to obtain the sponsor’s signature have failed and those efforts are documented.

The custodial parent may start the process by mail and then come in to sign final documents.  If the child is over ten years old, a military dependent’s identification card will be issued, so a picture will be taken.  Although the mail-in process normally takes more than ten days, the custodial parent may want to start that way to have the processed and to give the sponsor time to sign the form. In the event a custodial parent has a child in desperate need of medical assistance, a temporary I.D. can be issued at the discretion of the base-level chief of personnel.  Note: if medical care is given and the eligibility to the entitlement is later determined to be inappropriate, the custodial parent will be held liable for the cost of that medical care.  

If the custodial parent wishes to enroll by mail, they should contact the enrollment site or the nearest military installation for instructions.  Location of the nearest enrollment site or military installation, can be obtained from the DEERS telephone center helpline noted below.

Once enrolled in DEERS, the child is eligible to receive medical care in two ways.  The child can obtain medical care and medications from military hospitals and clinics free of charge.  The child can also use the cost share medical coverage, CHAMPUS, with civilian health providers.  (Always try to get health care from a uniformed service hospital or clinic first.  Using the military facilities, instead of CHAMPUS, saves money and paperwork.) Military bases have Health Benefits Advisors to assist custodial parents on their medical options and choices.

CHAMPUS uses the term “share” rather than “covered” because the cost is “shared” by the beneficiary after an annual deductible cost is satisfied.  Claims to CHAMPUS can be submitted up to a year after treatment.  Date of coverage is determined by either the child’s date of birth or date of parent’s enlistment, not the DEERS enrollment date.  A CHAMPUS handbook is available (see address below) that answers many questions and provides more information and instruction for CHAMPUS users.

TELEPHONE INFORMATION CENTER

Reminder.  If you or the custodial parent have questions on DEERS--or are unable to determine the nearest military base or enrollment site, contact the DEERS Telephone Center from 6:00 a.m. to 3:30 p.m. Pacific Time, Monday through Friday, at the following numbers:

CONTACTS:   For more information on CHAMPUS coverage and to obtain a copy of the free handbook write to: 

CHAMPUS, Public Affairs Branch,

Aurora, Colorado 80045-6900

or call (303) 361-1000/1129

(**) Thanks!  This pamphlet on CHAMPUS is based on Information Memorandum IM 96-02, May 29, 1996, at the Web site of the Office of Child Support Enforcement (OCSE), David Gray, Director, U.S. Dept. of Health and Human Services, Administration for Children and Families Washington, DC 20447

The Funk Law Firm P.S. Inc.  2000 112th Ave NE.  Bellevue, Washington.  425-746-7992  xfunk@comcast.net