25. How does the SCRA impact the collection of a child support award?
A uniquely problematic area involves the initial determination of a child support award and the stays imposed by the SCRA. New Jersey law requires an “expedited process†in child support determinations. This is at odds with the concept of a stay of the proceedings while the servicemember parent is unable to appear in court due to military duties. In most cases, a preliminary determination of child support must be made within sixty days of the filing of the FD case or the complaint to determine child support.
The child support guidelines usually proscribe a formula for child support based on the income of one or both parents. In New Jersey child support cases, the family courts will still conduct a child support hearing even if the servicemember is not available. The family courts only need to have the parties’ income information to calculate a child support award. In most cases, the civilian spouse already has in her possession the couple’s tax returns and her husband’s pay info. In the majority of cases, this evidence is all that is needed by the court to calculate a child support award. Therefore, for routine child support cases the stay protections of the SCRA will not be rigorously applied. Moreover, the family courts will also try to have the servicemember participate in the child support hearing via a phone conference or by video-teleconferencing.
Former Spouse Military Benefits
26. What type of military benefits does a former spouse of a servicemember receive after a divorce?
A former spouse of a servicemember has available to him or her a wealth of military benefits. Upon obtaining a New Jersey judgment of divorce, the former spouse of a servicemember has a right to receive military benefits so long as he or she meets certain enunciated criteria. As the benefits are statutory entitlements, they are automatic and not subject to negotiation or any deviation by a divorce court in New Jersey.
27. What type of military benefits does a spouse receive during a legal separation?
Until a New Jersey divorce court issues a final judgment of divorce, a civilian spouse that separated from a servicemember retains full military privileges. These privileges include possessing an ID card, medical, military exchange, commissary, etc. Even though the servicemember can and he certainly should terminate the civilian spouse’s ability to cash checks on post by going to the PX/BX, he or she cannot confiscate the spouse’s ID card or otherwise suspend the spouse’s military privileges.
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