Insanity in Kansas

Reasons to stay out of Kansas:

Judge rules for mother in custody case where father is in Iraq

Excerpts:

LAWRENCE, Kan. - A custody battle between a Marine stationed in Iraq and his estranged wife may have implications for all Kansas service members who are overseas, according to a lawyer involved in the case.

A Franklin County judge has twice ruled that a federal law meant to protect military personnel from civil litigation does not apply in the custody case between Marine Cpl. Levi Bradley and his estranged wife, Amber Bradley.

Levi Bradley, who has lived in Pomona and Ottawa, filed for divorce in May. When he was deployed to Iraq, he asked for a delay in the custody case over their 2-year-old son.

The Servicemember's Civil Relief Act, signed in 2003, shields military personnel in Iraq, Afghanistan or other war zones from lawsuits and evictions until they are back in the U.S. The law required judges to postpone judgment for at least 90 days if the service member applies for more time.

Court records show that Levi Bradley and his mother, Starleen Bradley, had legal custody of the child when he was deployed in July. Amber Bradley, the Marine's estranged wife, signed the agreement.

Levi Bradley asked in October - a month before the first child custody hearing was scheduled - to delay further proceedings. The application included a letter from his commanding officer in Iraq and his own testimony, as the law requires.

But on Nov. 8, Franklin County Judge James Smith ruled that the mother should get custody of the child, saying the federal law didn't apply because the temporary action affected the child, not Levi Bradley himself.

Apology to student suspended for speaking Spanish in school

The boy, a high school junior, was sent home from the Endeavor Alternative School in the Turner School District on Nov. 28 for talking in Spanish, his native language, at lunch and later in the day. Principal Jennifer Watts sent him home and suspended him through the following day.

District officials said Watts told the boy's father the suspension was a direct result of his speaking Spanish. Superintendent of Schools Bobby Allen reversed the suspension within hours of learning about it from the father, the district said.

"As soon as he found out, he contacted the parent and said that should not have happened," said Bart Swartz, the district's executive director of certified personnel.

Army Marriages May Be Casualty Of War

Army Marriages May Be Casualty Of War
Divorce Rate Soars, Especially For Officers

WSBTV.com

Excerpts:

While U.S. casualties steadily mount in Iraq, another toll is rising rapidly on the home front: The Army's divorce rate has soared in the past three years, most notably for officers, as longer and more frequent war zone deployments place extra strain on couples.

Between 2001 and 2004, divorces among active-duty Army officers and enlisted personnel nearly doubled, from 5,658 to 10,477, even though total troop strength remained stable. In 2002, the divorce rate among married officers was 1.9 percent - 1,060 divorces out of 54,542 marriages; by 2004, the rate had tripled to 6 percent, with 3,325 divorces out of 55,550 marriages.

For those troops who do divorced, military breakups can pose unique legal and logistical challenges, especially when one spouse is deployed overseas.

Mark Sullivan, a former Army lawyer who now practices privately in Raleigh, N.C., says soldiers in often-deployed units may have trouble winning child custody and - when posted abroad - arranging visits from their children. In one recent case, Sullivan has represented a Tennessee father whose ex-wife is now seeking custody of their daughter because the man's National Guard unit was sent overseas.

Kidd said the divorce problem could get even worse, as long the campaigns in Iraq, Afghanistan and elsewhere require frequent deployments.

Divorce And Child Support Are Eviscerating Military Recruitment

Divorce And Child Support Are Eviscerating Military Recruitment David R. Usher

Excerpts:

Men are not stupid. They have learned that when they are patriotic and join the military, the chances are better than 50% that they will end up divorced and come home to a huge child support debt and perhaps even a jail cell on criminal nonsupport charges.

Divorce rates in America are still over 50%. For the military it is even higher -- albeit nobody knows exactly what the real number is since the Pentagon doesn’t report home-front casualty rates.

A man on duty overseas can be hit with a surprise divorce, lose everything he owns, and have a “temporary” child support order levied against him. There is nothing in any federal or state law or the SSCRA requiring that child support orders be based on real contemporary income.

Courts are quite likely to base the child support order on imputed civilian pay – which is commonly much higher than military pay. It is not exceptional to see military men paying over half of their pretax income as child support.

The U.S. military suggests reservists seek a support modification when called into active duty. The Department of Health and Human Services Administration for Children and Families (ACF) instructs similarly.

Where only 4% of civilian men are able to get support modifications, we can safely say it far more difficult to accomplish from a tent in Iraq.

This delivers military men directly into the clutches of criminal federal and state child support laws. If a man becomes either $5,000 or six months (FILO basis of accrual) in support arrears, he becomes a felon. He then automatically loses his passport, driver’s license, business license, professional licenses, and vehicle licenses. If convicted, he loses his right to vote in most states.

Two states, California and Illinois have bills pending this session. The National Organization for Women is opposing the Illinois bill (as we would expect).

No Breaks for Servicemen

Over the weekend this site received the story a of recently home from Iraq soldier. While he was deployed his wife moved out of state. You can see his post here under comments.

I don't have any good answers for this - it is truly a deplorable act to try to take advantage of the fact that your spouse is out of the country FIGHTING A WAR to get the upper hand in your divorce. As always, my first advice would be to find a good attorney and retain them. Martindale.com can be a good starting point or contact your local chapter of the ABA and ask for a lawyer referral. In my country, if you are referred from the ABA the attorney will give you a free introductory (usually around 30 mins) session. Take advantage of these referrals to find an attorney you are truly comfortable with without having to pay just to meet them.

For currently deployed members of the military, the Servicemember's Civil Relief Act provides some relief from civil proceedings. Info here and here.

Here is a *similar* story out of Pittsburgh - except in this case the father is/was still deployed.

This case isn't the same scenario - the father lost custody prior to his deployment and because of his deployment. However, as I said in the post about deployed moms, I do think this is appropriate. Obviously the deployed soldier cannot act as primary custodial parent while deployed, the proper alternative (unless there are some mitigating circumstances that prevent this from being a safe alternative for the child) should be the other parent.

The Marines offer a support website: http://www.mccsonesource.com/ for families of deployed servicemembers.

This is an opinion article: Separated dads miss so much at Christmas