Military spouses will now have the chance to choose the same domicile as their servicemember spouses, thanks to the Military Spouse Residency Relief Act passed by the House this week. The Senate had previously passed the measure, and the bill now heads to the President for signature.
The purpose of the bill is to help ease administrative and tax filing challenges associated with relocations, allow spouses to vote in the same state, assist spouses with portable careers, encourage them to put property in their own names and establish credit records, and give military spouses a choice in establishing a home base.
What does this mean in practical terms for the military spouse? If a military spouse chooses to change his/her home of domicile to that of their military spouse’s, the military spouse will no longer have to change their state of residency with each PCS. Prior to the bill’s passage, when a military family PCSd to a new state the non-military spouse was required to obtain a driver’s license in the new state and establish residency. Now the military spouse will be able to establish and maintain the same residency as their military spouse
How does this affect child custody/child support laws? Obviously the state the child resides in retains jurisdiction over the child, but for determining child support and paternity, would the NCP's legal state of residence be where to serve, or where the parent is actually living?
A for instance: The active duty member is a female resident of New Hampshire, stationed in Maryland. Her husband receives a paternity suit for a child he never knew about (and does not remember meeting the mother). The child and mother live in North Carolina. Assuming he is actually the father, could a case be made that Maryland does not actually have jurisdiction over him since his legal residence would be New Hampshire, or would Maryland be the appropriate choice because he is actually there?
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Posted by: オテモヤン | March 26, 2010 at 08:41 AM
That'll make it easyer for them.
Posted by: Jack Napiare | June 16, 2011 at 10:20 AM