Legal Question in Family Law in Arizona

Re: Divorce

(1) Military Medical Benefits remain in place only if he can meet the following criteria: Former spouses who were married to a service member or former member who had performed at least 20 years of creditable service for retirement purposes at the time the divorce occurred. The former spouse must meet the following requirements:

1. Must not have remarried.

2. Must not be covered by an employer-sponsored health plan.

3. Must not be the former spouse of a NATO member. And�

4. Must meet the requirements of one of the following three situations:

Situation 1:

Must have been married to the member or former member for at least 20 years, and at least 20 of those married years must have been creditable in determining the member�s eligibility.

Situation 2:

Must have been married to the same military member or former member for at least 20 years, and at least 15�but less than 20� of those married years must have been creditable in determining the member�s eligibility for retirement pay. If the date of the final decree of divorce or annulment is before April 1, 1985, the former spouse is eligible only for care received on or after January 1, 1985, or the date of the decree, whichever is later.

Situation 3:

Must have been married to the same military member or former member for at least 20 years, and at least 15�but less than 20� of those married years must have been creditable in determining the member�s eligibility for retirement pay. If the date of the final decree of divorce or annulment is on or after September 29, 1988, the former spouse is eligible for care received for only one year from the date of the decree. Upon completion of the period of eligibility for TRICARE, explained in Situation 3 above, a former spouse is eligible for the Continued Health Care Benefit Program (CHCBP). Check with your BCAC/HBA/TSC for details.

(2) Any assets that have been spent in the normal course of life are not something we can seek reimbursement of. However, if Wife "wasted" these assets, perhaps there is some ability for recourse.

(3) Arizona does have a "in loco parentis" statute which may allow a non-parent to seek access to a child.

I can explain the issues you've raised better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

Re: Divorce

TO address your various issues, 1) normally, your son would not be entitled to any benefits after a divorce. It may be different with the military(although I doubt it) so he should contact the benefits department and request this information.

2)as for the assets, if they are spent then likely he will not receive any compensation so to speak, if they were used for the benefit of the community. The one question I would have is whether she committed some fraud on him or the community therefore possibly entitling him to something. 3)In Arizona, there is no such thing as step parents rights. This is unfortunate but true. Unless she or the father of the children are willing to allow him access, he is not likely to have that access.

Let me know if I can be of any assistance.