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military child custody divorce

Military Child Custody Divorce

Military child custody divorce cases often make their way into Ohio courts.  The military has unique income structures.  Further, constant moving within the military can bring up residency issues, which, in turn, raises jurisdictional issues.

Income Issues In Military Child Custody Divorce Cases 

The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills.   

Jurisdiction In Military Child Custody Divorce Cases 

Another issue in the military is jurisdiction.  Even when stationed to different states, the parties usually remain citizens of the state that they came from.  In determining jurisdiction, look to see which state the parties file their tax returns.  The children’s residence will be the same as their parents.  This analysis may seem odd when parties move from Ohio to be stationed in Texas.  However, if a soldier gets stationed in Germany, he surely does not become a resident of Germany by virtue of the military’s decision to have him stay there for a while.     


Attorney Daniel Gigiano.  Experienced.  Knowledgeable.  Aggressive.   


Attorney Daniel Gigiano practices in the courts in Medina, Summit, and Wayne County, Ohio, and other nearby courts.  If you have questions about this or other questions you need answered by an experienced Wadsworth divorce attorney in Medina County or Wadsworth child custody attorney in Medina County, please call Attorney Daniel Gigiano at 330-336-3330.  Attorney Daniel Gigiano has handled numerous military divorce and child custody issues in Medina, Summit and Wayne Counties.            

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