Military Divorce & Custody
Navigating Military Divorce and Custody Issues in Missouri: What You Need to Know
Divorce can be challenging for anyone, but for military families, it often comes with additional complexities. When either spouse serves in the military, navigating a divorce in Missouri can involve unique obstacles such as jurisdictional concerns, dividing military benefits, and managing child custody arrangements. Knowing what to expect can help you handle the process with more confidence and clarity.
Jurisdiction in a Military Divorce
One of the first questions in a military divorce is where to file. Military families frequently relocate, making residency requirements more complicated. You can typically file for divorce in Missouri if:
You or your spouse are stationed in Missouri,
You and/or your spouse have resided in Missouri for more than 90 days,
The children (if any) have resided in Missouri for six months or more.
Dividing Military Benefits
Missouri follows equitable distribution laws, which means marital assets—including military benefits—are divided fairly, but not necessarily equally. Key military benefits that may be divided during a divorce include:
Military Pensions: The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to divide military retirement pay.
Thrift Savings Plan (TSP): Like a civilian 401(k), a military member's TSP is subject to division in divorce.
Survivor Benefit Plan (SBP): A spouse may be eligible for continued SBP benefits if awarded in the divorce decree.
For retirement division calculations, the courts typically use the following formula for active-duty members:
[Months of marriage during military service] / [Total months of military service]
If a member is retired or serving in the reserves, the calculation may differ, but the general concept remains the same: the court will look at the duration of the marriage during which the retirement benefits were earned.
The Department of Finance and Administration (DFAS) provides a comprehensive FAQ page on military benefits division, which can be accessed here: DFAS FAQ
Child Custody & Military Families
Military parents in Missouri face unique challenges in child custody cases. Frequent relocations, unpredictable schedules, and deployments can complicate traditional custody arrangements. However, Missouri law ensures that military service does not unfairly impact a parent’s custodial rights. It’s important to understand how these laws apply in your case.
Missouri's Best Interests of the Child Standard
Missouri courts base custody decisions on the "best interests of the child" standard, considering factors such as:
The emotional and physical needs of the child.
The willingness of each parent to encourage a relationship with the other parent.
The stability of each parent’s home environment.
The intention of either parent to relocate the child’s residence.
While military service can affect custody arrangements, courts cannot deny custody or visitation solely because of a parent’s military status.
Temporary Custody Modifications Due to Deployment
Missouri law prohibits courts from using a parent’s deployment as the sole reason to change custody arrangements. However, courts may consider any significant impact a deployment has on the child’s best interests. In accordance with Missouri statutes (Sections 452.413 and 452.1212), deployment in and of itself cannot negatively affect a service member’s custody or visitation rights. Any modifications made during deployment are temporary and last only as long as the deployment.
Upon return, the service member is entitled to a hearing before any permanent custody orders are issued. Missouri courts retain exclusive jurisdiction over custody matters, and deployment cannot be used to argue that Missouri is an inconvenient forum.
Missouri law encourages maintaining communication between the deployed parent and the child, ensuring the child has liberal contact with the deploying parent during leave periods, unless doing so is against the child’s best interests. Learn more about temporary custody modifications here: Missouri Statute
Child Support Considerations for Military Parents
Missouri law includes provisions for calculating child support, which takes into account the unique circumstances of military service. Changes in income due to military service, as well as significant shifts in circumstances, are factors courts will consider when determining child support amounts.
Missouri law states that when a parent in emergency military service experiences a change in income due to such service, it constitutes a substantial and continuing change in circumstances, making existing child support or visitation orders unreasonable. Section 452.416 RSMo. applies to non-custodial parents who are members of the National Guard or reserve units and are called to active military duty for more than 30 days. It states that when a non-custodial parent is called to active military duty, the director of the family support division must take action to modify the child support order based on the change in income. Upon return from military service, the parent must notify the director to modify the order again.
Missouri Supreme Court Rule 88.01 mandates that courts or administrative agencies must thoroughly consider all pertinent factors when determining child support obligations. While there is a presumption that the amount calculated utilizing Form 14 is accurate, this presumption can be challenged if the court or agency determines that the calculated amount is unjust or inappropriate.
Maximum Garnishment of Military Pay
Military child support is governed by both Missouri state law and military regulations. The maximum amount of a service member’s pay that can be garnished for child support is:
50% of disposable earnings if the service member supports a spouse or dependent child, and
60% if the service member does not support a spouse or dependent child.
For more details on garnishment, refer to the Department of Defense’s financial management regulations: DoD Garnishment Regulations.
Final Thoughts
A military divorce and custody case can be challenging, but with the right legal advice, service members and their spouses can protect their rights and interests. If you’re facing a military divorce in Missouri, it’s crucial to consult with an experienced family law attorney to ensure your case is handled properly.
At Lotspeich Law, LLC, we specialize in assisting military families with divorce and custody disputes. Contact us today for a consultation to learn more about your options and rights.
