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Military Families and Mediation

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Presentation on theme: "Military Families and Mediation"— Presentation transcript:

1 Military Families and Mediation

2 Military Families Military families mediation have similar challenges as civilian Emotional Co-parenting challenges The military culture and legal issues create unique issues to understand

3 Examples…. Military spouse leaves a spouse when visiting family back home, in the US, and the servicemember is still stationed overseas. Is it international kidnapping? What is spouse was met overseas and from another county, and took the children there? Dual military members cannot agree anymore on who may be the person who cares for their child(ren) if they both deploy at the same time. One servicemember is in the National Guard, the family member says they are entitled to half of their retirement pay. The servicemember says they can have half of their federal retirement, but not their military retirement. divorce-affects-children-pay-and-pension.html

4 The basics Branches System based on rank
Army, Navy, Air Force, Coast Guard, Marine Corps Reserve and National Guard System based on rank Each branch has its own regulations and unique culture Overarching rules also govern all Examples: Air Force Regulations, Army Regulations, DoD Directives, Field Manuals, NGR, etc. Officers and Enlisted members More complex pay status when in National Guard

5 Acronyms http://www.militaryacronyms.net
You can’t know them all, but common ones you may hear: Tricare BAH DEERS DFAS Post, Base, etc. TDY PCS JAG

6 Things to consider Where is the military family filing?
When is someone relocating? What specific laws should you be aware of as a mediator? What should you know about the parenting plans/agreements? What unique situations did they face by being a military family?

7 Remember your role As a mediator you are not expected to know all legal issues. You can educate, but not recommend. What are your responsible for?

8 Where the divorce happens:
Are they already divorced? Are they filing now? What laws apply to them? Are you creating an amendment to an existing agreement that was reached in another state? Child Support is different from state to state Find out the statutes about mediating child support in your state

9 Moving? Almost always a military family will result in a move at some time National Guard, Reserve, near retirement, or enlistment contract A parenting plan should include all possible situations Living near each other Parenting from a distance Deployments Training Family Care Plans

10 Laws Servicemembers Relief Act (SCRA)
Uniformed Services Former Spouse Protection Act Uniform Deployed Parents Custody and Visitation Act Not in all states Not in KS DFAS Retirement Rights

11 Parenting Plan Creativity for the parents is important
How to communicate from a distance 51%, Shared custody, joint, residential and why it matters

12 Unique situations Relocations to other countries Passports ID cards
Insurance plans to include step children All rights attached to parent Etc. National Guard/Reserves

13 Resources Military Divorce Handbook-Sullivan Militaryonesource.com
Military.com Local instillations Nationalguard.com

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