Greensboro Military Divorce Lawyer

Culbertson and Associates > Greensboro Military Divorce Lawyer

North Carolina Family Law

Greensboro Military Divorce Lawyer: jurisdiction, retired pay and custody during deployment

Serving servicemembers and spouses in Greensboro and Guilford County. We handle military divorce issues including Servicemembers Civil Relief Act protections, division of military retired pay, Thrift Savings Plan orders, Survivor Benefit Plan elections, child custody during deployment and support that accounts for BAH and BAS under the North Carolina Guidelines.

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Fast answers
Jurisdiction
Military retired pay
Thrift Savings Plan
SBP and TRICARE
Custody and deployment
Child support and alimony
Process and timeline
Related services
Evidence checklist
FAQs
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Greensboro military divorce lawyer - attorney Krispen Culbertson

Military divorce counsel in Guilford County

Krispen Culbertson has represented Greensboro families for 20 plus years in divorce, support and custody. We align orders with federal rules and North Carolina statutes so DFAS and plan administrators can process divisions and so schools and agencies can follow the custody plan.

Fast answers

SCRA – Servicemembers Civil Relief Act can delay proceedings and protect against default when duty prevents participation.

USFSPA and DFAS – State courts can divide military retired pay. The federal 10 and 10 rule controls direct payment from DFAS and does not create the right to a share.

SBP – Survivor Benefit Plan can be ordered and must be elected on time to protect a former spouse share of retired pay after death.

BAH and BAS – Housing and subsistence allowances count as income for support under the North Carolina Guidelines.

Deployment custody – North Carolina provides temporary orders related to deployment with rapid review when the servicemember returns.

Jurisdiction and filing in North Carolina

North Carolina courts can handle a military divorce when residency and service rules are met. For property division of military retired pay, the court must have jurisdiction over the servicemember by domicile in North Carolina, by consent, or by residence in North Carolina not solely due to military assignment. We verify these bases before seeking equitable distribution and support orders in Guilford County District Court.

Military retired pay division

We identify the marital share and use a time rule or coverture fraction where appropriate. Orders are drafted to DFAS specifications with clear start dates, cost of living adjustments, disability offsets treatment and arrears handling. The DFAS 10 and 10 requirement means at least ten years of marriage overlapping ten years of creditable service for DFAS to send payments directly, but it does not control whether the court can award a share. We address former spouse tax reporting and direct pay mechanics.

Thrift Savings Plan division

The Thrift Savings Plan is divided by a retirement benefits court order that meets TSP rules. We define award amounts or percentages, set valuation dates, and specify gains and losses so the plan can process the split. We coordinate rollover instructions to avoid unnecessary tax and withholding.

Survivor Benefit Plan and TRICARE

Survivor Benefit Plan can protect a former spouse share of retired pay after the member dies. Former spouse coverage must be elected within one year of the order or agreement that requires it. Health coverage for former spouses depends on service length and marriage length. A 20 20 20 former spouse may keep TRICARE eligibility. A 20 20 15 former spouse may receive transitional coverage. We confirm eligibility and reflect the cost of premiums in support and property terms.

Custody and deployment in Greensboro

Custody decisions follow the best interests standard under G.S. 50-13.2. When a parent deploys, the court can enter temporary orders so parenting time is preserved and exchanges are safe. North Carolina law provides for expedited review and reinstatement after a deployment ends. We build plans that include virtual contact, make up time and travel coordination. Jurisdiction and enforcement follow the UCCJEA under G.S. Chapter 50A.

Child support and alimony when a parent is in the military

Support uses the North Carolina Child Support Guidelines and considers gross income including base pay, BAH, BAS and special pays. Worksheets A, B or C apply based on overnights and joint physical custody. Alimony decisions use the factors in G.S. 50-16.3A and account for deployment and training schedules that affect earnings and expenses.

Process and timeline

Intake and goals – confirm service status, station location and deadlines

Financial and service record pull – LES, DD214 if applicable, retirement point summaries, TSP statements and tax returns

Temporary relief – custody, support and bill payment orders that fit deployment or training

Document exchange and mediation – required mediation for custody and settlement efforts on property and support

Orders and implementation – DFAS compliant retired pay order, TSP order, SBP election, deeds and titles

Related family law services in Greensboro

Relocation and Move Away Custody	Child Custody and Parenting Plans
Child Support Worksheets A, B and C	Property Division and Equitable Distribution
QDRO and Retirement Division	Alimony and Postseparation Support
Divorce and Custody Mediation	Modification and Enforcement
Appeals and Post Judgment	Separation Agreement and Property Settlement

Evidence checklist

Leave and Earnings Statements and most recent W 2 or 1099
Retirement point statement or pension estimate and any high three calculations
TSP statements with current allocation and loan balances if any
Orders for deployment or training and family care plan
Housing and utilities information including BAH rate and lease or base housing
School calendars and childcare information for custody planning
Any prior orders or written agreements

FAQs – Greensboro Military Divorce

What is the 10 and 10 rule for DFAS direct payment?

DFAS sends payments directly to a former spouse only if there are at least ten years of marriage overlapping at least ten years of creditable service. Courts can still award a share even if the 10 and 10 rule is not met. Payment would then be made between the parties rather than by DFAS.

Is VA disability pay divisible in a divorce?

VA disability compensation paid directly to the servicemember is generally not divided as marital property. If retired pay is waived to receive disability, the court can address fairness with other property or support tools allowed by law.

Do I need a QDRO for military retired pay?

No. Military retired pay uses a DFAS compliant military retired pay division order. QDROs are used for private employer plans. The Thrift Savings Plan is divided by a retirement benefits court order that meets TSP rules.

Can custody be changed just because of deployment?

Deployment alone is not a permanent basis to change custody. Courts can enter temporary orders that protect the child and the relationship and then review the schedule when the servicemember returns.

How do we secure Survivor Benefit Plan coverage?

The order or agreement must require former spouse coverage and the election must be made within one year. Premiums and beneficiary details are set in the order so DFAS can process the election.

Will BAH and BAS count as income for child support?

Yes. North Carolina Guidelines treat housing and subsistence allowances as income for support calculations. We include proof from the LES and reconcile with worksheets.