What is a Family Care Plan and how does it affect a military divorce?
A Family Care Plan (FCP) is an important element of a military divorce in California. The FCP is a document outlining how the members of a military family will ensure the care of their dependents in the event they are deployed or called away due to their military obligations. In California, the Uniformed Services Former Spouses’ Protection Act (USFSPA) requires all military personnel to have a Family Care Plan in place before they are deployed or called away to active duty. Military divorces often contend with the complex issues of dividing benefits, debts, and assets as well as providing for dependents. When a military spouse is subject to deployment or called away due to military obligations, a Family Care Plan is designed to provide for the care of their dependents during the absence of their military spouse. The Family Care Plan outlines the specific arrangements for the care of the military family’s dependents and is usually done in consultation with the Commanding Officer in charge of the military spouse being sent away. The plan may include alternative care arrangements such as naming a new guardian, making arrangements for daycare or other specialized care, and providing for financial support of the dependents. The Family Care Plan affects a military divorce in California in that it serves as a way to ensure the dependents of the military family are properly taken care of while the military spouse is away. It ensures the dependents are not left in a vulnerable position and their care is guaranteed. In the event that a military divorce occurs, the Family Care Plan will still remain active and can be amended to fit the needs of the dependents as the situation changes.
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