US military personnel stationed in Germany may face particular hurdles in Germany when dealing with family law issues.
This begins with questions of jurisdiction, as the US military leadership often interferes in family law matters. In some cases, leadership even prescribes maintenance payments or sets out custody arrangements. In such situations, it is important to be informed, as the orders of leadership are sometimes to the detriment of the U.S. military employee and such matters usually fall under German jurisdiction and German law. It is therefore essential to obtain an evaluation of how the legal situation is to be assessed under German law and whether the leadership should be made aware of it.
In particular, special difficulties may arise under maintenance law due to the special income structures in the US military. Reading and legally sorting the various items of a Leave and Earnings Statements (LES) is already a major challenge for many law firms. In particular, the legal assessment of the Basic Allowance for Housing (BAH) and the Cost of Living Allowance (COLA) is controversial and depends on the individual case.
Often, a separation also involves a subsequent transfer to another country. This raises specific questions regarding custody and visitation rights. If it is in the best interest of the child, it may be possible to request that the child or children move abroad with the employee, or at least to arrange for appropriate visitation rights.
Zeuss Grabosch has extensive experience in advising and representing U.S. military personnel and their (ex-)spouses. We offer you specialised expertise and solutions tailored to your needs.
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