Life in the military can bring challenges that ordinary civilians rarely face. For service members and their spouses in Hawaii, understanding how their duties connect with family law, especially during divorce proceedings, can help them protect their rights and plan for what lies ahead.
How deployment affects custody arrangements
Deployment often raises concerns for military parents who share custody. Hawaii law recognizes that service may require temporary absences, and courts work to make sure these absences do not harm long-term custody rights.
State law does not allow permanent changes to custody or visitation just because a parent is deployed or may be deployed. Courts may issue temporary orders to meet the child’s needs while the parent is away, but only for as long as military service requires. The service member parent can also ask a close family member or trusted person to take part in visitation.
After an active-duty deployment, a transition plan helps the family return to the original custody arrangement unless another setup better serves the child’s best interests.
Understanding housing and financial benefits
The Basic Allowance for Housing (BAH) gives service members a monthly stipend to help pay for housing when government housing is not available. In Hawaii, BAH rates depend on:
- Pay grade: A service member’s allowance increases as their rank and time in service increase.
- Duty location: A service member’s allowance is determined by their official duty station, even if they live elsewhere.
- Dependents: A service member receives a higher allowance if they have dependents.
Service members generally keep their current BAH rate as long as their status stays the same, which helps families avoid sudden drops in housing support when local costs decrease.
They may also receive a Cost of Living Allowance to help cover higher prices for essentials, such as food and gas. These allowances typically factor into income calculations for child and spousal support obligations as well.
Managing moving requirements
Military families often receive orders to move to a new duty station. Unlike a regular job transfer, these moves are mandatory and part of a service member’s duty. Under the Servicemembers Civil Relief Act (SCRA), service members can end residential leases when they give written notice and a copy of their orders.
Hawaii also helps military spouses who rely on professional licenses for their jobs. The law lets licensed professionals keep working in their fields while they complete the state requirements that come with moving.
Legal protections available to military families
The SCRA can help military families address legal concerns while they are on active duty. It recognizes that military service may make it hard to attend court or respond to legal actions.
SCRA rules generally apply to all civil cases, including military family law, and covers active-duty members, National Guard members on federal orders and activated reservists. Service members may be able request a delay if military duties prevent them from attending court. This can help ensure they are not penalized for doing their service.
Military legal assistance offices provide free advice on family law and explain state and federal protections. They cannot, however, represent service members in court, so many turn to civilian attorneys for guidance on court appearances and other legal concerns.