Military Parents in New Jersey 101: Child Custody, Parenting Rights & Responsibilities

Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany
Military Parents in New Jersey 101: Rights and Responsibilities
H O W S TAT E A N D F E D E R A L L A W S A N D B R A N C H P O L I C I E S A F F E C T C H I L D C U S T O D Y, V I S I TAT I O N
A N D S U P P O R T F O R M I L I TA R Y FA M I L I E S

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MILITARY PARENTS IN NEW JERSEY
DISCLAIMER
This presentation contains general information and does not constitute legal advice.
Be sure to direct specific questions about your own situation to an attorney.
Weinberger Law Group is not affiliated with the United States Military.

MILITARY PARENTS IN NEW JERSEY
• Introduction and Common Procedural Issues.
• Child Custody and Parenting Time.
• Child Support.
• Military Benefits for Children
Military Parents in New Jersey:
Rights and Responsibilities

MILITARY PARENTS IN NEW
JERSEY
INTRODUCTION & COMMON
PROCEDURAL ISSUES
MILITARY PARENTS 101: 1. INTRODUCTION.

MILITARY PARENTS 101: 1.INTRODUCTION.
Introduction
Laws and Procedures for Military
Parents
• Issues involving child custody and visitation or
child support can be especially complicated for
military families due to the interaction of family
law with military regulations and policies.
• State courts make their own orders based on
state law rather than enforcing military branch
policies.
• Frequent moves sometimes result in confusion
regarding which state (or sometimes even which
country) is the appropriate authority for issuing
and enforcing court orders.
• Certain laws provide special protections to
military parents.
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Introduction
Choosing the Right Court and
Procedure
• Depending on the circumstances, the appropriate
state court may be in your state, the other
parent’s state or the state with jurisdiction over
the child.
• Jurisdiction gives a court authority to make
decisions.
• Claims for custody, visitation or child support may
be part of a divorce case or may be initiated as a
separate “non-dissolution” procedure.
• In New Jersey, claims are filed in the Superior
Court - Chancery Division - Family Part.
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State Court Procedures for Military Parents
Jurisdiction
• Jurisdiction in child custody matters is determined by
the Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA). N.J.S.A. 2A:34-53 et seq.
• Jurisdiction in child support matters and parentage matters is
determined by the Uniform Interstate Family Support Act
(UIFSA). N.J.S.A. 2A:4-30.65 et seq.

Jurisdiction for Child Custody
and Visitation
UCCJEA
• A state can claim jurisdiction under any of the
following circumstances:
• the state is, or was within the last six months, the
child’s “home state”;
• it is in the best interests of the child for the state
to have jurisdiction due to a “significant
connection” with the state;
• the child is physically present in the state and has
been either abandoned or is in need of
emergency protection; or
• no other state has jurisdiction and it is in the
child’s best interests for the state to exercise
jurisdiction.
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Jurisdiction for Child Custody
and Visitation
UCCJEA
• The original court generally retains authority
unless the child and both parents have moved out
of the state or there is a mutual agreement to
transfer jurisdiction.
• Even if a child is a U.S. citizen, jurisdiction may
belong to a foreign country.
• New Jersey law states that if a child is living out of
state on a temporary modification order, New
Jersey will retain home state jurisdiction.
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Jurisdiction for Parentage and
Support Orders
UIFSA
• The UIFSA addresses a court’s authority over the
parent paying support (the “obligor”).
• The court must have personal jurisdiction over the
obligor, either because:
• The obligor resides in the state, or
• The obligor has engaged in purposeful action as
further specified in the act, which created a
reasonable expectation that the state court would
gain authority.
• Note: the obligor can also voluntarily submit to
jurisdiction
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Orders from Other States or
Foreign Tribunals
UCCJEA and UIFSA
• Only one tribunal has exclusive and continuing
jurisdiction.
• Other state courts recognize and enforce orders
from the state with exclusive jurisdiction but will
not modify such orders.
• When jurisdiction belongs to a foreign country,
enforcement may depend on reciprocal
agreements between states and countries.
• Without a reciprocal agreement, a state court can
still decide that the law and procedures of the
foreign country favor enforcement.
• If you have an international jurisdictional dispute,
consult an attorney
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• You must give the other parent a chance to respond by serving copies of papers according to the applicable
rules. This could require:
• Mail service (regular and certified, return receipt request).
• Personal service off-post (sheriff’s office or a process server can serve papers according to state law).
• Personal service on post (contact the Commanding Officer or the Provost Marshall and follow instructions).
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State Court Procedures
Providing Notice to the Other Parent

Service overseas can be especially challenging. If you know that you or your child’s other parent may soon be
deployed overseas, try to address any urgent situation before the deployment.
• Hague Convention Countries generally permit service by mail to a “central authority” in the host country.
• In non-Hague countries, the procedure will depend on the agreement between the host country and the
U.S Military.
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Notice to Parents Overseas

The SCRA is a federal law extending various protections to servicemembers on active duty, including
protection from default in civil suits.
The purpose is to allow military personnel to devote full attention to the defense of the nation.
Note: The timeframes for responses, answers, cross-motions, etc. may also be extended upon request of the
servicemember.
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Servicemembers Civil Relief Act (SCRA)

• A judge cannot enter a default against a
servicemember unless the servicemember waives
the protections of the SCRA or the court first
appoints an attorney for the servicemember.
• If the attorney cannot contact the servicemember
or the court finds that current military service or
service within the past 90 days is affecting the
servicemember’s ability to appear and present a
defense, the court will stay the proceedings for at
least 90 days.
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Stay of Proceedings under the SCRA

• A statement from the servicemember indicating:
- how military duties affect the ability to appear, and
- a date the servicemember will be available.
AND
• A statement from the commanding officer indicating:
- that military duty prevents the appearance, and
- that leave is not currently authorized.
Note: Courts will routinely grant requests for telephonic appearances from servicemembers if they are unable
to travel to NJ due to the fact that they are stationed out of the state.
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Additional stays or stays after notice require an
application including the following:

• The servicemember is required to act in good faith
and exercise due diligence in attempting to
arrange an appearance in court.
• If the servicemember is exaggerating the difficulty
involved in making an appearance, or the
servicemember’s personal appearance is
unnecessary, the other parent may oppose the
stay of proceedings.
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Opposing a Stay of Proceedings

MILITARY POLICIES AND NEW
JERSEY LAW
CHILD CUSTODY AND
PARENTING TIME
MILITARY PARENTS 101: 2. CHILD CUSTODY & PARENTING TIME

NEW JERSEY FAMILY LAW
• State law governs parenting orders and
agreements in military divorce. (N.J.S.A. 9:2-4).
• The overriding concern is the “best interests” of
the children.
• New Jersey favors “frequent and continuing
contact” with both parents.
• Parents are encouraged to make their own
agreements.
• Parents can agree on any combination of physical
and legal custody that addresses a child’s best
interests.
CHILD CUSTODY AND PARENTING TIME
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MILITARY FAMILY CARE PLANS
• The U.S. military does not allow single parents to
enlist. In most cases this includes parents with
joint physical custody.
• Parents who separate during service may end up
as single military parents and this triggers certain
responsibilities.
• All single parents in the military, as well as military
parents married to another military parent, must
have a Family Care Plan (FCP) in place.
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• FCP’s cannot conflict with court orders, and a non-
custodial parent can request a change in a court
order that conflicts with an FCP designating
another care provider.
• The court will consider an FCP, but will not enforce
it if it violates the rights of a parent, or if the court
finds that it is not in the best interests of the child.
• When forming your FCP, make sure your
Commanding Officer is aware of the provisions of
any existing court orders. Indeed, it is highly
recommended that a servicemember provide
their Commanding Officer with a copy of any and
all court orders discussing the custody and care of
the children (Judgment of Divorce, Settlement
Agreements, Custody Agreements, etc.) and the
same can be annexed to the FCP.
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• Servicemembers must notify commander,
supervisor, or designated representative no later
than 30 days (60 days for National Guard or
Reserves) following an occurrence that creates
single-parent or military couple with children
status.
• Within 60 days (90 days for Guard or Reserves),
the servicemember must submit an FCP.
• Active servicemembers who move from one
military base to another have 60 days to find a
short-term care provider within the new local
area.
22

Each branch has its own requirements, but all have
three basic components:
• Designation of a short-term care provider,
• Designation of a long-term care provider, and
• Details regarding care provision.
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• A non-military person (or military spouse) who
signs the family care plan.
• The provider must agree in writing to take over
immediate full-time care of the servicemember's
children at any time in the event that the
servicemember is called to active duty or
deployed without notice.
• The provider must live in the same local area as
the servicemember.
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Family Care Plans
Short-Term Care Provider

• A non-military person who signs the family care plan
• The provider must agree in writing to provide long-term care for the servicemembers children if the
servicemember is deployed for a significant period, is selected for an unaccompanied overseas tour, or is
assigned to a ship at sea.
• The long-term care provider does not have to live in the local area.
• The FCP must specify how care will be transferred from the short-term provider to the long-term provider,
including specifying travel arrangements and financing for the transfer.
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Family Care Plans
Long-Term Care Provider

• Either the consent of any noncustodial parent not named as a caregiver, or an explanation for the lack of
consent.
• Financial arrangements for short-term and long-term separations.
• Provisions for financial, medical and legal support to ensure security and continuity of care (eg., powers of
attorney and allotments).
• Logistical arrangements and transportation expenses for any potential relocation of the caregiver or family
members.
• Provisions for any necessary non-military escorts for infants, children, elderly or disabled adults during
relocation.
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Family Care Plans
Additional Care Provisions

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New Jersey Family Law
Parenting During Service-Related Absences
• Deployments can be unpredictable and require difficult
adjustments.
• Active duty can increase the risk of physical or psychological
injuries.
• A New Jersey law enacted in 2013 addresses the need for
special flexibility in child custody arrangements and parenting
plans when one or both parents are in the service (N.J.S.A.
9:2-12.1).

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New Jersey law prohibits permanent custody decisions while a
parent is absent for 30 days or more due to deployment or
treatment for a service-related health condition.
Courts must wait at least 90 days after the parent’s return
before entering permanent child custody orders or making
permanent changes to any already existing custody and
parenting time orders.
TIMING OF ORDERS
Protection for servicemembers in
New Jersey custody and parenting
time matters:

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The departing parent must notify the other parent of the
anticipated absence dates and location no later than the day
before departure or the 10th day following receipt of official
notice (whichever is earlier).
To the extent feasible, the non-departing parent must facilitate
electronic or telephone communication between the child and
the absent parent.
PARENTS’
RESPONSIBILITIES
time matters:

30
Temporary modifications must allow the departing parent to
exercise parenting time during leave, and must expire
automatically when the parent returns home.
Original orders resume after the parent returns home unless
the other parent can demonstrate that this is against the child’s
best interests.
CHANGES ARE
TEMPORARY
time matters:

31
A parent cannot base a request for a change in custody or
parenting time on the other parent’s absence due to military
service or treatment for a service-related health condition.
Children do not automatically stay with the non-departing
parent. The court will consider other options:
ENHANCED
FLEXIBILITY
time matters:

• The child may stay with the other parent.
• The child may accompany a deploying parent.
• The absent parent may delegate parenting to a family member with a close personal relationship to the
child.
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Flexible options for temporary changes in parenting
orders during deployment or service-related
treatment:

Temporary modifications will be based on the best interests of the child after considering all relevant
circumstances, including:
• Which parent has been the primary caretaker.
• What conditions the child would face in the deploying country (safety, childcare facilities, enrichment
opportunities).
• What kind of arrangement the other parent or an alternate caregiver can provide for the child.
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Factors courts consider in determining appropriate
modifications:

• A parent facing an imminent deployment or treatment-related absence that would prevent appearance
or full participation in an initial custody or parenting hearing, or a parenting evaluation, can request an
expedited date before deployment without waiving rights to request a stay under the SCRA.
• If a parent is already out of the state, courts can take evidence and testimony by electronic means, such
as telephone or internet conference.
34
New Jersey Custody and Parenting Time Hearings:
Expedited Dates and Presentation of Evidence

CHILD SUPPORT PAYMENTS
MILITARY POLICIES AND NEW
JERSEY LAW
MILITARY PARENTS 101 : 3. CHILD SUPPORT PAYMENTS.

36
MILITARY PARENTS 101: 3. CHILD SUPPORT PAYMENTS.
• Payment of child support support in New Jersey is governed
by state statute (N.J.S.A. 2A:34-23).
• New Jersey Court Rules (5:6A and Appendix IX) impose
additional specific guidelines.
• If you do not have a court order or legal agreement
addressing payment of support, branch regulations or
guidelines govern temporary support payments.
Note: While not all branches of the military have specific
guidelines providing for support, a servicemember’s failure to
support dependents is considered to be a serious infraction by
all branches of the military and can result in disciplinary action
for the servicemember.
NEW JERSEY FAMILY
LAW
PAYMENT OF CHILD
SUPPORT

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If you are an active servicemember and wish to voluntarily
acknowledge paternity and provide financial support for your
child, your commander will assist you in:
• Obtaining the appropriate available housing/dependent
allowance.
• Understanding what you need to do to complete a voluntary
allotment for the child.
• Obtaining a military identification card for your child.
• Obtaining ordinary leave, consistent with military
requirements, in order to marry your child’s mother.
MILITARY BRANCH
ASSISTANCE
VOLUNTARY SUPPORT
ALLOTMENTS

• Support is payable at different percentages of
gross pay depending on whether there is a spouse
only (one-third), a child only (one-sixth), a spouse
and one child (one-half), etc.
• For details see: MILPERSMAN (Navy Personnel
Manual) 1754-030.
38
Family Support Allotments
U.S. Navy Policy

• Minimum support payments are based on the
number of dependents or, if higher, a percentage
of the housing allowance.
• For details see: Chapter 15: Marine Corps Legal
Administration Manual.
39
Family Support Allotments:
U.S. Marine Corps Policy

• Minimum support payments vary depending on
living arrangements and military or non-military
status of the spouse.
• For details see: Army Regulation 608-99.
40
U.S. Army Regulations

• Minimum support is calculated as a percentage of
base pay according to number of dependents, also
factoring in differences in housing allowances with
or without dependents.
• For details see: Coast Guard Discipline and
Conduct Manual (Section 2.E.3. Support
Requirement in the Absence of a Court Order).
41
U.S. Coast Guard Policy

• The Air Force directive defers to state courts for
calculations.
• Minimum support must be “adequate.”
• For details see: Air Force Instruction 36-2906.
42
U.S. Air Force Policy

• Voluntary support allocations under branch
regulations are not enforceable in court without a
child support order.
• If the father was not married to the biological
mother at the child’s birth and paternity is an
issue, this will need to be addressed first.
• Both parents can sign an acknowledgment of
paternity—putting the father’s name on a birth
certificate is not sufficient.
• If the mother does not want to sign, then the
father may need to have genetic testing. The state
child support agency can help with testing.
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Obtaining Enforceable Support Orders

Establishing paternity ensures that a child will have
certain legal rights:
• inheritance rights,
• health coverage,
• other benefits such as social security, pensions,
and veteran’s benefits.
Establishing paternity is the basis for custodial or
visitation rights, as well as for financial support
responsibilities. It can also be important for the
health of the child because it can reveal genetic risks
for certain medical conditions.
44
Establishing Paternity

• Military income available for New Jersey child support and/or spousal support includes both basic and
special pay, as well as any benefits provided in lieu of pay, such as food and housing.
• The servicemember's LES will include amounts for basic pay and any special amounts such as jump, dive, or
flight pay.
• Calculating available gross income requires review of the LES and assessment of an appropriate value for any
benefits received in lieu of pay.
45
New Jersey Child Support Orders
Military Income Available for Support

46
• Servicemembers with child support orders who are called to
active duty must notify the local child support office with
information regarding date of activation, new address and
military branch.
• For support recipients this guarantees ongoing support
without interruption.
• For support obligors, this provides protection against
changes that may be made in the obligor’s absence due to
inability to locate the obligor.
• The servicemember can complete and file an authorization
and release form from the state agency designating another
person to receive information about the case during the
servicemember’s absence.
CHILD SUPPORT
ORDERS
DEPLOYMENT OR CALL
TO ACTIVE DUTY

47
• Activation or deployment may substantially change income,
creating eligibility for a change in child support.
• The parent requesting a change needs to file a motion for
modification in court.
• If you have a wage withholding order, contact the Probation
Division or the Administrative Office of the Courts, Family
Division, to avoid the risk of having your wage withholding
payments stopped or recorded as delinquent.
CHILD SUPPORT
ORDERS
MODIFICATION FOR
ACTIVATION OR
DEPLOYMENT

48
• A court can sometimes proceed with an order for temporary
support even if a servicemember is attempting to stay
proceedings. A hearing may be held via telephone
conference.
• Parents with an order for payment of support from the New
Jersey Family Court, or from the New Jersey Office of Child
Support Services, can request wage garnishment through the
Department of Finance and Accounting Service (DFAS).
CHILD SUPPORT
ORDERS
ENFORCING
PAYMENTS

49
• Federal Income Tax Refund Offset: IRS intercepts federal
income tax refunds and sends the money to the federal
Office of Child Support Enforcement (OCSE),
• Liens on Real or Personal Property: Prevents the owner from
selling, transferring, or borrowing against the property until
the child support debt is paid.
• Attachment of accounts: May apply to accounts at banks or
other financial institutions,
• Suspension of licenses: May apply to drivers’, professional
and occupational, and sporting/recreational licenses.
• Passport Denial: A civilian passport may be denied if the
obligor is more than $2,500 in arrears
• Additional remedies: Other remedies are available through
court process, including potential incarceration.
CHILD SUPPORT
ORDERS
ADDITIONAL
ENFORCEMENT
REMEDIES

50
• Branch regulations require servicemembers to honor support
orders.
• Each military branch has its own wage garnishment
procedures.
• There is a federal statutory allotment procedure specially
designed for military obligors. The servicemember receives
advance notice of implementation, and within the first 30
days after notice will be offered an in-person consultation
with a judge advocate or a legal assistance officer to address
the arrearage.
• The federal procedure can only be utilized if there is:
CHILD SUPPORT
ORDERS
ENFORCEMENT BY
WAGE GARNISHMENT
• A court or an administrative order establishing child support,
and
• An arrearage of at least two months support under the
obligation.

51
• Under the UIFSA a state’s support order can be filed in a
second state where the obligor parent has income or assets.
• The parent receives notice of the registration and has an
opportunity to contest the registration, the underlying order,
or the statement of arrears.
• If the registered order is confirmed, the court or agency of
the second state will enforce it according to their laws.
CHILD SUPPORT
ORDERS
ENFORCEMENT
BETWEEN STATES

MILITARY BENEFITS
HEALTHCARE FOR CHILDREN
MILITARY PARENTS 101 : 4. MILITARY BENEFITS FOR
CHILDREN.

MILITARY PARENTS 101: 4. MILITARY BENEFITS FOR CHILDREN.
• DEERS is a computerized system that keeps track
of all recipients entitled to military benefits.
• All of a servicemember’s dependent children,
whether they live with the servicemember or not,
are eligible to register with DEERS, provided that a
military installation with an ID card issuance site
has determined that the child relies on the
servicemember for more than 50% of support.
53
Defense Enrollment Eligibility Reporting
System (DEERS)

• Required documents include a certified copy of
the child’s birth certificate, and, if paternity is an
issue, a copy of the paternity order or signed
acknowledgment form.
• A non-military custodial parent can also enroll a
child into DEERS by mail by contacting a military
installation or unit with a RAPIDS ID Card Issuing
Facility in the same service branch as the military
parent.
• The parent will need the documentation showing
eligibility and the military parent’s social security
number.
54
Enrolling Children in DEERS

• Once registered with DEERS, a child will be able to
receive treatment in a military facility or a civilian
hospital under TRICARE.
• Children under 10 can use the parent’s ID card,
but all children should have their own card if they
don’t live with the servicemember.
55
Obtaining Medical Benefits through Tricare

56
References & Resources
• You can find a U.S. Department of Health and Human Services, Administration for Children and Families,
Office of Child Support Enforcement guide called Handbook for Military Families at:
http://www.acf.hhs.gov/sites/default/files/programs/css/military_handbook_final_20130329_0.pdf
• More information on New Jersey family court procedures is available on-line from the state judiciary at:
http://www.judiciary.state.nj.us/family/index.html

57
References & Resources
• More information on military health insurance can be found at the Tricare site: http://www.tricare.mil/.
• Information about military policy on single parents can be found in the American Bar publication SILENT
PARTNER Custody and Single-Parent Enlistment:
http://apps.americanbar.org/family/military/silent/singleparent_enlist.pdf

QUESTIONS? CAN WE HELP?
58
For more information on New Jersey child custody or support for
servicemembers or their spouses, please visit
WeinbergerLawGroup.com,
or consult our various books on Military Divorce, Child Custody, Child
Support, and more, available on Amazon.com.

Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany
WeinbergerLawGroup.com
(888) 888-0919
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Military Parents in New Jersey 101: Child Custody, Parenting Rights & Responsibilities

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