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Military Family Law

When Military Servicemembers and their spouses or other related family members require a divorce or custody determination, they face some unique legal issues and challenges that civilians do not generally have to address and encounter. Going through any type of family law matter is complicated, emotional and requires intention and skill, but when you have a military component to your family law matter, it is crucial you get a specialist- someone who is knowledgeable and experienced in nuances of addressing your needs with the interconnected military components your family law case faces. Even family law attorneys who have practiced for many years can face struggles in addressing military issues when they attempt to represent a military service member or his or her spouse, without the requisite knowledge, skill a and experience to address the legal needs of your case. 

Pingel Family Law, LLC, is proud to work tirelessly to excel in our knowledge of military family law issues. We can help you skillfully navigate the potential pitfalls that military families face in domestic and family law issues.  Some of the areas where unique and specialized skill and knowledge are required include the division of property (including where the divorce should be or needs to be filed based on service and residency, military retirement, disability pay, division of the thrift savings plan, among other issues), as well as unique considerations for child custody, child support, health insurance, access to military bases and privileges, among many, many other complex issues. Our firm provides family law guidance for military members and their spouses in Kansas and Missouri, but also has the privilege of consulting with family law attorneys outside of area to make sure the needed documents such as military pension division orders, property settlement agreements, parenting plans and other documents adequately meet the legal interests of the military spouse or member. It is a true honor for us to team up with you as your attorney, or as a consultant for your legal team.  When our military servicemembers give so much to our country, it is a privilege for us to be able to assist you through a difficult time. 

Division of Military Retirement and Military Disability Pay

Retirement and disability pay for military service members and their spouses is one of the most complex areas of military law in representing military servicemembers or their spouses.   While Military disposable retired pay is generally divisible in a divorce process, VA disability compensation, military disability retirement benefits, special combat-related compensation (SCRC) and Concurrent Retirement and Disability Pay (CRDP) are often not divisible. If a servicemember elects to waive a portion (or all) of their retired pay in favor of disability pay, typically the resulting disability funds received cannot be divided. The waiver of retired pay in favor of disability pay will typically proportionately decrease the spouse (or alternate payee) share of military retirement entitlement. In some situations, the servicemember spouse’s share of retirement can be entirely eliminated. 

Special Combat-Related Compensation (SCRC) and Concurrent Retirement and Disability Pay (CRDP) do not involve the same waiver in a dollar-for-dollar fashion, but in order to be eligible for SCRC or CRDP, the service member must meet several criteria, including generally, at least a 30% disability rating that is not directly attributable to combat-related service, they will not be eligible/qualified for either special program.

OUR VALUES AND ETHICS

See Why People Choose Pingel Family Law
  • Almost 40 Years Experience
    Our staff has a combined 40 years of family law experience. Put our knowledge to work for your family.
  • The Highest Praise From Clients and Other Lawyers
    The highest compliment we receive is the consistent referrals from our clients, other lawyers and professionals.
  • Advocacy. It’s Not Our Service, It’s Our Passion
    We work tirelessly for you to fight for you.
  • Personalized and Outcome-Focused Client Services
    We make sure each client’s goals are being pursued.

How Can We Help? 

The Issues you will face unique to the military component of your family law case need to be addressed by an experienced and knowledgeable family law attorney who has specific, detailed capabilities related to representing military servicemembers and their family. The divorce decree needs to address, in significant detail, issues related the division of military retired pay, as well as other entitlements and considerations. When military pay is determined, it is important that the family law attorney understands all components of military pay and accurately accounts for them. 

Our Passion to Help Servicemembers

For servicemembers, settlement documents and the judgment or divorce decree can be artfully drafted in a manner that best protects your hard-earned service benefits. Ensuring that your benefits, including your retirement are adequately protected minimizes the risk that you will need to return to court to readdress or litigate issues that should have been dealt with the first time you are in court. 

 

The Privilege of Advocating for Servicemembers and their Spouses

Military servicemember spouses serve our country through devoting unwavering support of the servicemember’s career and keeping everything going during, often frequent absences by servicemembers. For former souses, a divorce decree or other paperwork can be carefully prepared to protect your rights and interests. For example, whether you are awarded a share of your spouses “gross retired pay” or “disposable retired pay” can mean a significant difference in the amount that you actually receive when benefits are in pay status.  In some cases, the difference in these definitions can result in hundreds, if not thousands, per month in added benefit.  Don’t risk losing or minimizing one of the most significant assets of your marriage by failing to consult with a family law  attorney who understands these crucial legal nuances.

Military retirement is complicated.  It can cost you even more than the costs of the divorce when you work with an attorney who is not familiar with the important nuances of your legal situation. Once a divorce is final, it can be difficult, if not impossible, to correct mistakes that are made.  Pingel Family Law, LLC, is proud to have knowledge and experience to be able to assist our military servicemembers and their families. 

Military Child Custody and Child Support

Child custody and Child support are often complicated because every child is unique, the needs of each family are individual and emotions are often high. However, when the family’s needs involve issues that are complicated by military service, including deployments, military relocations, servicemember demands, among other issues, which civilians often do not face, it is paramount that you work with an attorney who has successfully navigated these issues. Before planning and preparing a custody agreement, you may have to deal with some of the following issues:

  1. What effect will a planned (or unplanned, but potential) deployment have on custody arrangements and parenting schedules?
  2. What will happen if a servicemember is transferred to another base or location far away from the family’s current assignment? 
  3. What state has jurisdiction over the servicemember and his or her assets versus the children (sometimes the answer to these questions are different);
  4. What effect will a servicemember’s family care plan have on a custody proceeding?
  5. Is it necessary for a servicemember to seek a hardship exception to deployment? How will  that affect the servicemember’s career trajectory?
  6. How will we ensure the children remain bonded with a servicemember while he or she is on deployment? 
  7. Can we plan for the servicemember to receive substantial/significant time following a deployment or while on leave? 

These are just a few of the examples of the types of complicated issues that your family may face related to military service that civilians typically do not encounter in the same fashion as servicemembers. Pingel Family Law is proud to have navigated these complex issues on many, many occasions and we will be able to bring our knowledge and experience to the table to assist your family and find creative, unique solutions for complicated situations.

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Testimonials

SEE WHAT THE COMMUNITY HAS TO SAY ABOUT OUR AMAZING TEAM
    “I have known Attorney Pingel for more than fifteen (15) years. Mandee is a lawyer I consider a respected colleague. She has a reputation for being intelligent, knowledgeable about the law, well-prepared and kind.”
    “I have known Attorney Pingel for more than fifteen (15) years. Mandee is a lawyer I consider a respected colleague. She has a reputation for being intelligent, knowledgeable about the law, well-prepared and kind.”
    - A Lawyer in Liberty, Missouri
    “First and foremost, I have to say Thank You again to Mandee, Tsion and Grace for everything they do, not just for me, but for all their clients.”
    “First and foremost, I have to say Thank You again to Mandee, Tsion and Grace for everything they do, not just for me, but for all their clients.”
    - Joe L.
    “I absolutely loved working with this attorney’s office.”
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    - Emily S.
    “We worked with Mandee Pingel to represent my wife in a child custody case. Mandee and her team were amazing to work with. She and Tsion communicated with us regularly. This helped us tremendously.”
    “We worked with Mandee Pingel to represent my wife in a child custody case. Mandee and her team were amazing to work with. She and Tsion communicated with us regularly. This helped us tremendously.”
    - Zac D.
    “I met with 4 different attorneys before scheduling a consultation with Mandee. During our engagement, Mandee was very thorough and to the point and had no problem calling it how it is, which included appropriately correcting others at times.”
    “I met with 4 different attorneys before scheduling a consultation with Mandee. During our engagement, Mandee was very thorough and to the point and had no problem calling it how it is, which included appropriately correcting others at times.”
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    “I have known for an extended number of years and have worked with Mandee Rowen Pingel on a number of domestic cases and during these proceedings have been dealt with very professionally and with integrity by Ms. Pingel.”
    “I have known for an extended number of years and have worked with Mandee Rowen Pingel on a number of domestic cases and during these proceedings have been dealt with very professionally and with integrity by Ms. Pingel.”
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    “In more than five years of representing me, I have never seen Attorney Pingel behave in an inappropriate fashion.”
    - Former Client
    “My case was handled professionally and ethically from start to finish. Something that continued to encourage me through such a painful and difficult experience was that Ms. Pingel cared for the outcome of my children and myself.”
    “My case was handled professionally and ethically from start to finish. Something that continued to encourage me through such a painful and difficult experience was that Ms. Pingel cared for the outcome of my children and myself.”
    - Former Client

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