In a Florida divorce or custody proceeding, full disclosure is not optional—it is the legal standard. But what happens when your ex intentionally misrepresents facts about their military status in court filings? Whether they falsely claim to be on active duty to delay proceedings or deny their military affiliation to avoid obligations, the consequences can be serious. Lies about military status can impact everything from jurisdiction and service of process to child support, spousal support, and equitable distribution of retirement benefits.
The legal protections afforded to active-duty service members are significant, and rightfully so. However, when those protections are abused—or fraudulently invoked—courts can and do impose serious consequences. If you believe your ex has lied about their military status, a qualified Tampa divorce lawyer can take action to uncover the truth, correct the court record, and pursue appropriate legal remedies.
This post explores how military status intersects with Florida divorce proceedings, what protections exist under federal law, what happens when that status is misrepresented, and how courts in Tampa respond to deceptive filings.
Understanding Why Military Status Matters in Divorce Cases
Military status plays a pivotal role in how a divorce proceeds. Both federal and state laws provide specific rights and responsibilities tied to service, including:
- Delays and stays of proceedings under the Servicemembers Civil Relief Act (SCRA),
- Restrictions on default judgments when one party is on active duty,
- Jurisdictional limits on dividing military pensions under the USFSPA,
- Entitlements to military benefits such as TRICARE, BAH, SBP, and housing privileges.
Courts rely on honest disclosures from both parties to determine whether these laws apply. If one spouse lies—either by falsely claiming to be in the military or denying their service—this can lead to improper rulings, wrongful delays, and financial injustice.
A skilled Tampa divorce lawyer will know how to challenge false claims and restore integrity to the case.
Common Lies About Military Status in Divorce Filings
False or misleading statements about military status can take many forms. The most common include:
- Falsely claiming to be on active duty to delay proceedings under the SCRA,
- Denying military affiliation to avoid division of military retirement,
- Claiming to have retired when they are still active to manipulate asset disclosure,
- Stating that they are not receiving BAH or other military income to reduce child or spousal support,
- Hiding a deployment or PCS order to prevent modification of custody or time-sharing.
Each of these misrepresentations has specific legal consequences, especially when made under oath or in verified pleadings.
A Tampa divorce lawyer can use subpoenas, military personnel record requests, and financial disclosures to uncover the truth and pursue sanctions for fraud.
The Role of the Servicemembers Civil Relief Act (SCRA)
The SCRA protects active-duty service members from civil court proceedings when their military obligations materially affect their ability to participate. Protections include:
- Delays in litigation while deployed or on assignment,
- Vacating default judgments obtained during active duty,
- Restrictions on garnishment and enforcement actions in some cases.
However, these protections are not automatic and must be properly requested. A service member must:
- File a motion requesting relief,
- Show that military service materially affects their ability to appear,
- Provide documentation from their commanding officer.
If a spouse falsely claims these protections while not actually serving—or exaggerates the impact of service—courts may consider it fraud upon the court.
A Tampa divorce lawyer can challenge SCRA misuse through evidentiary hearings and request that the court deny or reverse the protections if granted under false pretenses.
The Dangers of Default Judgments Based on False Military Claims
Florida courts are cautious about entering default judgments when one party is absent. If the absent party claims to be in the military, the court must:
- Confirm their status before proceeding,
- Appoint an attorney to represent them if active-duty service affects participation,
- Stay the case if required under SCRA.
But when a party lies about being in the military to delay a hearing or set aside a default judgment, this abuse undermines the entire legal process.
Consequences of this false claim can include:
- Reinstatement of a valid default judgment,
- Sanctions for bad faith litigation tactics,
- Referral to the U.S. Attorney or military command for disciplinary action.
A Tampa divorce lawyer will ensure the court reviews verified military service data and corrects any delays based on fabricated military status.
Division of Military Retirement and the USFSPA
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Florida courts can divide military retired pay only if the service member is:
- A legal resident of Florida (not due to military orders),
- Subject to the court’s jurisdiction for another reason,
- Or consents to the court’s jurisdiction.
If a service member denies their military status or falsely claims they are not retired, they may avoid having their pension divided, even though it is marital property.
Misrepresenting military status in this context can:
- Deprive the non-military spouse of a rightful share of retirement,
- Invalidate a final judgment if discovered later,
- Result in a modification or reopening of the property distribution.
A Tampa divorce lawyer can subpoena pay records, DFAS benefit statements, and LES documentation to expose false claims and recover lost assets.
Misrepresenting Income: BAH, BAS, and Special Pays
Military pay is complex and includes more than just base salary. A service member may receive:
- BAH (Basic Allowance for Housing),
- BAS (Basic Allowance for Subsistence),
- Hazard pay, sea pay, or flight pay,
- Tax-free benefits during combat assignments.
These benefits are considered income for purposes of child support and alimony calculations in Florida. Hiding or misrepresenting these benefits can lead to:
- Underpayment of support obligations,
- Contempt of court proceedings,
- Retroactive support recalculations.
A Tampa divorce lawyer will analyze the full pay structure through LES statements and DFAS reports and ensure that all compensation is reported and used in support guidelines.
Lying About Active Duty to Avoid Service of Process
One tactic sometimes used is falsely claiming to be on active duty to evade service of process—delaying the start of the divorce or blocking hearings.
Florida courts require proper service before proceeding. The SCRA gives certain leeway to avoid default judgments if the respondent is genuinely on active duty. However, falsely invoking the SCRA to avoid service is a form of procedural fraud.
Consequences can include:
- Denial of delay requests,
- Court authorization for alternative service methods,
- Sanctions for obstruction or fraud.
A Tampa divorce lawyer may file motions for substituted service or use military locator services to complete valid service on an evasive spouse.
Consequences of Lying Under Oath in Court Documents
All Florida court filings in family law cases are signed under penalty of perjury. This includes:
- Financial affidavits,
- Military affidavits under the SCRA,
- Sworn motions and petitions.
Lying about military status under oath exposes a party to:
- Contempt of court,
- Civil sanctions (such as paying the other party’s attorney’s fees),
- Criminal perjury charges,
- Modification or reversal of final judgments.
Judges in Tampa take these violations seriously. A Tampa divorce lawyer can petition the court for appropriate remedies when false statements are uncovered.
Exposing Military Lies with Documentary Evidence
Military service records are not private. With proper legal process, the following documents can be obtained:
- Leave and Earnings Statements (LES),
- DFAS pay records,
- Official duty orders,
- Military locator services records,
- VA benefit award letters.
Using subpoenas, discovery requests, and mandatory disclosures, a Tampa divorce lawyer can expose inconsistencies between a party’s claims and documented reality.
Impact on Custody and Time-Sharing
Lying about military status doesn’t just affect financial issues—it also impacts custody. For example:
- A parent may deny deployment to avoid a temporary custody shift,
- Or claim to be in the military to delay parenting plan hearings.
Family courts base custody decisions on the best interest of the child. If a parent lies to obstruct the other’s rights or delay proceedings, it may affect:
- Time-sharing allocations,
- Parental responsibility awards,
- The court’s trust in that parent’s credibility.
A Tampa divorce lawyer will raise these issues with the court and seek time-sharing modifications that protect the child’s relationship with the honest parent.
How Courts Sanction False Military Status Claims
Judges in Tampa have multiple tools to penalize deceptive litigation conduct. Sanctions may include:
- Striking pleadings,
- Awarding attorney’s fees to the other party,
- Monetary fines,
- Setting aside default orders,
- Referring the case to military legal authorities or base commanders.
These consequences are meant to deter abuse of federal protections and ensure a level playing field in family court.
What a Tampa Divorce Lawyer Can Do
If you suspect your ex is lying about military status, act quickly. A Tampa divorce lawyer can:
- Demand documentary proof of status and income,
- Subpoena military records,
- Cross-reference DFAS and LES data with court filings,
- File motions for sanctions, discovery, or enforcement,
- Notify the court of fraud or perjury,
- Seek compensation for unnecessary legal expenses.
Prompt action can prevent injustice and restore the integrity of the court’s rulings.
FAQ: When Your Ex Lies About Military Status in a Florida Divorce
Q: My ex says they’re still active-duty, but I think they’ve already retired. What can I do?
A: Request documentation through discovery or subpoena DFAS records. A Tampa divorce lawyer can expose the misrepresentation and recover unpaid support or pension divisions.
Q: What if my ex claims SCRA protection but isn’t actually deployed?
A: You can request a hearing to challenge the claim and present evidence that SCRA protections do not apply.
Q: Can the court award sanctions if my ex lies about military income?
A: Yes. Lying under oath in financial affidavits can result in monetary penalties and changes to support orders.
Q: How can I prove my ex is receiving BAH or special pay?
A: A Tampa divorce lawyer can obtain their LES through discovery or subpoena. These statements list all compensation.
Q: What if my ex refuses to update the court after returning from deployment?
A: File a motion to modify time-sharing or support and request sanctions for failure to disclose changes.
Q: Can my ex get in trouble with the military for lying in family court?
A: Possibly. Serious misrepresentations may be reported to their commanding officer or JAG office.
Q: Is my ex’s VA disability income relevant to our case?
A: Yes, for support purposes. It’s not divisible, but it counts as income in child support and alimony calculations.
Q: What if my ex lied and got a default judgment set aside using the SCRA?
A: You may ask the court to reinstate the original order if SCRA protections were falsely invoked.
Q: Can I challenge a parenting plan based on lies about military status?
A: Yes. Material misrepresentations affecting the child’s best interest can justify modification.
Q: Should I wait for the court to figure it out or act now?
A: Act now. A Tampa divorce lawyer can intervene, present evidence, and protect your rights immediately.
The McKinney Law Group: Legal Solutions for Service Members and Spouses Facing Divorce in Tampa
At The McKinney Law Group, we understand the pressures military life can put on a marriage—and the complications it can bring to a divorce. We help Tampa families navigate military divorce with clarity, compassion, and precision.
We assist clients with:
✔ Applying Florida divorce law in the context of military service
✔ Equitably dividing military benefits, pensions, and entitlements
✔ Protecting parental rights when deployment or transfer is a factor
✔ Resolving jurisdictional issues between states or overseas
✔ Planning for long-term stability during and after service
Call 813-428-3400 or email [email protected] to consult with a Tampa military divorce attorney.