Service Members and Spouses should know Their Rights Under USFSPA

Divorce, child custody and child support proceedings in Salt Lake County involving active duty and retired military personnel frequently present issues that can be unique to service members. Federal laws, such as the Uniformed Services Former Spouses’ Protection Act, have been enacted to authorize courts in Utah and other states to deal with issues of military benefits and providing a means of enforcing state orders.

In a divorce, the spouse of service members are not entitled under military laws to share in military benefits such retirement payments. The USFSPA grants states the power to treat retirement pay as marital property to be distributed as part of divorce.

State court orders awarding military retirement pay to a former spouse must be state the amount as a percentage of the retirement pay less deductions allowed under the law, or it may express it as a predetermined dollar amount. A former spouse who was married for at least 10 years to a service member who was in the military for 10 years or more may apply to the federal Department of Finance and Accounting to receive the payments directly from the government.

The UFSPA also offers former spouses the opportunity to enforce child support orders and spousal support orders by receiving payments from the service member’s retirement pay. Child support arrears may be collected in this manner as well as currently due payments provided order directing the payment of the arrears is no more than two years old. Spousal support arrears may not be collected in this manner.

In situations in which the service member was on active duty when the divorce proceeds took place, the Uniformed Services Former Spouses’ Protection Act offers protection to the military member. The Utah court proceedings must have been in compliance with the Servicemember’s Civil Relief Act for the former spouse to be able to take advantage of the rights provided in the USFSPA.

Service members and their spouses needing additional information about the federal laws pertaining to divorce, child support and related issues should speak to an attorney with knowledge of military divorce.

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Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.

Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.

heather saris

Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work

Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.

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Response from the owner:Chris, thank you. Glad we were able to guide you through your process.

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Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!

Response from the owner:Joselyn, thank you for the kind words.

Suzanne Stevens

David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.

Response from the owner:Suzanne, thank you and glad David has taken care of you.

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Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!

Response from the owner:Jaren, thank you for the referrals.

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Response from the owner:Meghann, so glad Ray and Carren took good care of you.

Monica Cooper

I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.

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Michael Bringhurst

Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.

Response from the owner:Mike, thank you for the kind words and the referrals.

David Thimm

When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.

Response from the owner:David, thank you for our conversation and taking the time to leave this review.

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Service Members and Spouses should know Their Rights Under USFSPA

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