What are the other options available to you? Custody agreements, parenting plans, and family care plans are all great solutions for child custody issues in military divorces. Don't know exactly how to get your military spouse and family benefits or want to know more about what they are? Your family care plan will appoint a caregiver who will take care of your children and keep your children's daily lives running smoothly when you are away. Finding the help and resources you need to plan for your financial transition from the military is critical. If the court awards a share of the pension to an ex who was not married to the retiree for at least 10 years, then the retiree will have to make those payments himself. She said other clients have intentionally lost rank or gotten in trouble in order to reduce the amount the ex would be able to collect in benefits. There are many other issues that make military divorces different than civilian divorces. He recognizes that I have sacrificed a lot for him, she said. Contact Us Instead, it complements it, and goes into effect only when necessary due to your absence. In the past a lot of women have exchanged retirement benefits for houses but not my clients, Commander said. That being said, custody, CS and other details will need to reflect his location. The term may be used by lawyers and military personnel, though. Service members also receive a BAH if they are separated from their immediate family members. Talk to an attorney. If you're a divorced parent who's in the military, you'll have a court-ordered parenting plan in place, but your parenting plan might not address what happens if you're deployed. Good news for you: Being a military spouse can actually make some parts of going back to school easier. ._1QwShihKKlyRXyQSlqYaWW{height:16px;width:16px;vertical-align:bottom}._2X6EB3ZhEeXCh1eIVA64XM{margin-left:3px}._1jNPl3YUk6zbpLWdjaJT1r{font-size:12px;font-weight:500;line-height:16px;border-radius:2px;display:inline-block;margin-right:5px;overflow:hidden;text-overflow:ellipsis;vertical-align:text-bottom;white-space:pre;word-break:normal;padding:0 4px}._1jNPl3YUk6zbpLWdjaJT1r._39BEcWjOlYi1QGcJil6-yl{padding:0}._2hSecp_zkPm_s5ddV2htoj{font-size:12px;font-weight:500;line-height:16px;border-radius:2px;display:inline-block;margin-right:5px;overflow:hidden;text-overflow:ellipsis;vertical-align:text-bottom;white-space:pre;word-break:normal;margin-left:0;padding:0 4px}._2hSecp_zkPm_s5ddV2htoj._39BEcWjOlYi1QGcJil6-yl{padding:0}._1wzhGvvafQFOWAyA157okr{font-size:12px;font-weight:500;line-height:16px;border-radius:2px;margin-right:5px;overflow:hidden;text-overflow:ellipsis;vertical-align:text-bottom;white-space:pre;word-break:normal;box-sizing:border-box;line-height:14px;padding:0 4px}._3BPVpMSn5b1vb1yTQuqCRH,._1wzhGvvafQFOWAyA157okr{display:inline-block;height:16px}._3BPVpMSn5b1vb1yTQuqCRH{background-color:var(--newRedditTheme-body);border-radius:50%;margin-left:5px;text-align:center;width:16px}._2cvySYWkqJfynvXFOpNc5L{height:10px;width:10px}.aJrgrewN9C8x1Fusdx4hh{padding:2px 8px}._1wj6zoMi6hRP5YhJ8nXWXE{font-size:14px;padding:7px 12px}._2VqfzH0dZ9dIl3XWNxs42y{border-radius:20px}._2VqfzH0dZ9dIl3XWNxs42y:hover{opacity:.85}._2VqfzH0dZ9dIl3XWNxs42y:active{transform:scale(.95)} Martial money is split down the middle. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 1000 Town Center Dr., #300, Oxnard, CA 93036
It takes a toll on a mom being away from her kid because shes active duty. Their service was fast and reliable. Normally this is the higher ranking member. Both parents are service members and have custody of children under 19. The move comes after the Pentagon announced it was pulling older F-15 Eagles from Kadena Air Base in an attempt to bring more Copyright 2023 Military.com. Includes request for temporary orders. Military OneSource can help you find an attorney who is familiar with military family child custody issues and assist you in identifying the processes and protections available for your particular case. If he dies Im going to need the money for the kids because I wont be getting child support anymore.. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. If you need a military divorce attorney in Colorado Springs or the Denver Metro Area, call Clawson & Clawson, LLP, today at (719) 602 . A lot of people make this work. Read on. LDA #121 Ventura Co. Sandra M. McCarthy, founder of A Peoples Choice, has worked exclusively in the legal field since 1976. The change will help retain talent and provide a path for top Coasties to stay in and share their knowledge, according to the At least 13 soldiers assigned to U.S. Army Special Operations Command at Fort Bragg, North Carolina, are under investigation Cadet 3rd Class Hunter Brown of Lake Charles, Louisiana, died after he "experienced a medical emergency while leaving his Video of the 2020 incident in the small town of Windsor got millions of views after Caron Nazario filed the federal lawsuit. Help with other legal matters can be found on Military.com here. But when there's a clear reason to avoid joint custodyperhaps when a parent has addiction problems or has abandoned the childcourts won't hesitate to award a parent sole custody if it's in the child's best interest. MILITARY ENTITLEMENTS UPON SEPARATION OR DIVORCE JANUARY 2016 PREPARED BY NELLIS LAW CENTER, 4428 England Ave (Bldg 18), Nellis AFB, Nevada 89191-6505 702-652-5407, Appt. Dont be afraid to talk to them and ask about their experiences. A Peoples Choice is a Registered Legal Document Assistants Office. They will have to divide their time between two busy military parents, knowing that at any time a deployment could cause them to be uprooted and placed with new caregivers for an indefinite period of time. That said, military spouses requiring assistance with divorce or legal separation paperwork in California should contact A Peoples Choice. This order will direct the appropriate government agency to transfer child support from the military members pay. These documents typically include full-time, long-term, and short-term caregivers names and contacts. For example, when active members . /*# sourceMappingURL=https://www.redditstatic.com/desktop2x/chunkCSS/IdCard.ea0ac1df4e6491a16d39_.css.map*/._2JU2WQDzn5pAlpxqChbxr7{height:16px;margin-right:8px;width:16px}._3E45je-29yDjfFqFcLCXyH{margin-top:16px}._13YtS_rCnVZG1ns2xaCalg{font-family:Noto Sans,Arial,sans-serif;font-size:14px;font-weight:400;line-height:18px;display:-ms-flexbox;display:flex}._1m5fPZN4q3vKVg9SgU43u2{margin-top:12px}._17A-IdW3j1_fI_pN-8tMV-{display:inline-block;margin-bottom:8px;margin-right:5px}._5MIPBF8A9vXwwXFumpGqY{border-radius:20px;font-size:12px;font-weight:500;letter-spacing:0;line-height:16px;padding:3px 10px;text-transform:none}._5MIPBF8A9vXwwXFumpGqY:focus{outline:unset} The good news is that laws are in place to protect military parents' child custody rights. A state has jurisdiction to divide the military pension if: 1) the servicemember is a legal resident of the state; 2) the servicemember is residing in that state for reasons other than because of a military assignment; or 3) the servicemember consents to the jurisdiction of that state's courts over the division of the pension. Depending on state law, changing custody in this manner might affect the military parent's custody rights, so it's not uncommon for the court to allow the military parent's new spouse or another family member, like an aunt or uncle or grandparent, to take over as the child's guardian during deployment if the military parent is the sole custodial parent. For deployed military members involved in a contested divorce, the SCRA provides protection against default judgment. By Carl O. Graham Army Regulation 608-99, Family Support, Child Custody & Paternity requires soldiers to pay temporary support depending upon the family situation. My wife and i are currently going through a very complicated divorce. This occurs in situations involving unaccompanied overseas tours or having a dependent child that resides with a former spouse. So you have a better chance of getting custody than her. We would love to know your thoughts! For those outside the United States, call your local emergency number. However, she will have to find off-post housing for herself and the kids, as they will no longer qualify for the housing unit they currently occupy. In fact, family law judges are expected to base rulings regarding child custody and visitation matters for military families on the same guidelines as civilians. Getting a military divorce is a complex process thanks to military rules and regulations. The military has prepared for that eventuality with the requirement of care for all children, no matter whether the soldier is single, married to another service member, or married to a civilian, with the Family Care Plan. State law and local procedures largely govern divorce. Alternatively, they may call Military OneSource at 800-342-9647 for help with family law issues. If the militarycouple lives together in civilian housing each is entitled to their own single BAH. This material may not be published, broadcast, rewritten or redistributed. Written by the Carson Law Firm Military divorce differs from civilian divorce in many ways. Military life is not easy, but we've got your back. A People's Choice Legal Documents Inc. Reg. Parents (perhaps with the help of a divorce mediator or lawyer) draft a proposed parenting plan and present it to the court. This site is solely for testing and approving site pages before they are released to the general public. The military has prepared for that eventuality with the requirement of care for all children, no matter whether the soldier is single, married to another service member, or married to a civilian, with the Family Care Plan. It is always recommended to seek legal advice from an attorney before filing legal proceedings. What Solo Moms need to know about joining the military. Until your divorce is final, you may retain your identification card and continue to receive your commissary, exchange and health care benefits. For example, when active members Divorce is hard, but divorcing as a military spouse is harder. Its a contract for an annuity that replaces the pension if he dies.. If VA benefits are being garnished for child support purposes where there is more than one . A commanders authority is limited without a court order. Section 107 of the Act states that a court may not consider a parent's possible future deployment "in itself" in determining the best interests of the child, but may consider any significant "impact" on the best interest of the child. Privacy Policy Stephanie is also asking that her husband leave her and their children as the beneficiaries of his SGLI (Service Members Group Life Insurance) policy. Its a factor, Commander said. Those are the three things people always want to know about: How will property and a military pension be divided and will someone have to pay child or spousal support and how much.. Those military spouses with longer and more frequent deployments also see a higher rate of divorce. A lawyer will know what is possible and what is likely - for people getting divorced, the process seems complicated, unique - and potentially messy. Nearly every military divorce will have unique circumstances for which there are a myriad of state laws and military policies and someone considering divorce is best advised to hire a good, knowledgeable, lawyer early in the process. If there are dependents, the with-dependent rate will be given for the location at which the dependents are residing. While the military will always throw a monkey wrench in any best-laid plans, your career doesn't have to be one of them. Are you or were you an enlisted Solo Mom? The strains on your children will be greater than those of children of divorced civilian parents. Im not the one walking away from him.. . When a dual military couple resides in military housing (government-owned or PPV), there is no BAH payable unless there is a special situation. In fact, military regulations might even require you to have a family care plan. If you are a single parent, in a dual-military marriage, primarily responsible for a dependent, the military will require you to establish a Family Care Plan. Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) In general, dual military couples without dependents each receive single BAH. So if you file for divorce in a state that is not the military . A military family care plan won't take the place of your court-ordered parenting plan. I want to protect my family. Child Custody & Military Divorce Understanding Family Care Plans. Includes request for temporary orders. Interrogatories, Request for Admissions, Production of Documents, Responding to Discovery The information presented on our web site is general, factual, published information obtained from court provided self-help legal publications, legal statutes or other sources believed to be accurate and reliable. (add $250 for 24 hour RUSH preparation), Paternity petition with Stipulated Judgment, Petition for Grandparent Visitation within existing Active Family Law Case, Petition for Grandparent Visitation without Active Family Law Case, Application and Order to Serve by Publication, Guideline Support Calculations (3 report variations), Trial Brief for family law trial (summary of issues only). Transition Without Tanking Your Sanity. One or both parents must petition the court for a modification; the court won't make changes on its own. Wed love to hear from you. Do not post your command name! So out of that $3,000 a month, $2,000 a month belongs to the marriage. A fourth-generation Montanan, Andre Zollars is a former U.S. army major who has also held management positions in marketing with MCI and the Sacramento Bee. The biggest mistakes I see people make are not getting their own lawyer or getting a lawyer who doesnt understand military issues.. Even so, many parents still worry that their military status will impact a judges decision on child custody. A short-term caregiver would most likely be someone living nearby who can quickly step in when you're away. Call Our Virginia Beach Divorce Lawyers. However, the reality is that courts need to make decisions based on the best interests of the child. Too many attorneys have eyes only on the pension division, Sullivan said, but the SBP is not a pension. There has even been a link to a higher rate of divorce for military spouses whose deployments included combat and . Reddit and its partners use cookies and similar technologies to provide you with a better experience. Interrogatories, Request for Admissions, Production of Documents, Uncontested Stepparent Adoption - one minor child, Petition to Terminate Parental Rights of unknown father, Petition to Terminate Parental Rights (Willful Failure to Support or Abandonment), Marriage/Domestic Partnership with real property (Includes written Agreement). If you get awarded, try to stay near the parent if possible. Emergency Custody, Visitation, Support Motion Whether the veteran has other dependents or a former spouse is also a consideration. I worked with a guy who's wife cheated on him, and in the divorce she got the house, (the new boyfriend moved in the day he moved out lmaoooo) the boat and the kids cause all she did was walk into the courtroom point at him and said "deployable." That is why Family Care Plans exist, to provide for every unexpected circumstance. The former spouse would receive $1,000 dollars a month, and the military member would receive $1,000 dollars a month for the marital money. Anything greater than that amount would likely cause undue hardship to the veteran. I was forced to travel to another state on leave to see my child. Avvo has 97% of all lawyers in the US. The parent who gets primary custody gets to decide where the child lives. Ricketts can also help you locate fellow female soldiers who are in the same position as you. The court may decide to award more and, if it does, it becomes the responsibility of the retiree to pay that money directly to his ex. I want to make sure I know all of my rights and what Im entitled to, Stephanie said. DOD Safe Helpline - Sexual Assault Support, Domestic Abuse Victim Advocate Locator - Family Advocacy Program, Wounded, Ill or Injured, & Their Caregivers, Expanded Access at Commissaries, Exchanges and Recreation Facilities, Spouse Education and Career Opportunities, Military and Family Life Counseling Program, The Uniformed Services Former Spouse Protection Act, Emergency Contacts for Disasters & Evacuations. Her husbands job in the Army requires that he deploy often so he is not likely to seek sole or primary custody of the children. Under most circumstances, you receive BAH for the location where you are assigned, not where you live. Understanding how the process works can help save you time, expense and emotional strain on you and your family. $875 min. Submit an Article She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). If you have custody of your child and are considering joining the military, one concern you might have is whether moving for the military or a deployment might affect your custody rights. ._3-SW6hQX6gXK9G4FM74obr{display:inline-block;vertical-align:text-bottom;width:16px;height:16px;font-size:16px;line-height:16px} Aside from a few added rules, the military divorce process is much like civilian divorce. A former spouse can get a share of the pension in the divorce but if she does not get a share of the SBP then she will no longer receive pension payments if the service member dies before she does. More specifically, the law states the following: The SCRA states that for civil court proceedings where a defendant servicemember has not made an appearance and it seems that he or she is in military service, a court may not enter a default judgment against that defendant until after it appoints an attorney to represent the interests of that defendant servicemember. If a service member is authorized BAH with dependents for a child from another marriage or for a dependent parent they will keep that entitlement no matter what their current relationship is. When parents divorceregardless of whether one or both of them is in the militaryone of the matters that must be decided is custody of the children. You will need to agree on arrangements for the following: Division of homes, vehicles, money, and other marital property Division of credit card bills, loans, and other debt Alimony, also called spousal support Child custody Child support Find dialing options here. The way it worked with my husband and his ex is they split travel time( each drove about 3-4 hours and met in the middle to hand off the kid). The attorney listings on this site are paid attorney advertising. I recommend you give them the opportunity to be of service to you, Will package (individual) includes Will, Healthcare Directive and Financial Power of Attorney, Will package (couple) includes 2 Wills, 2 Healthcare Directives and 2 Financial Powers of Attorney, Trust Transfer Deed and Preliminary Change of Ownership (California property), Trust Transfer Deed (Out-of-State property), Standard Conservatorship of Person AND/OR Estate (1 Petitioner) with or without Dementia Orders, Limited Conservatorship for Developmentally Disabled, Add-on Fees for Emergency Ex Parte Conservatorship (limited or standard), Additional co-petitioner fee to any Conservatorship Petition, Standard preparation time is 10-14 business days. Usually the spouse gets half of the marital portion [of the pension] if the dates of marriage and service overlap, Commander said, explaining that an overlap occurs when the spouse was married to the service member for at least half of the years that he was serving. However, the average rate for women in the military is higher than the average U.S. divorce rate. Press question mark to learn the rest of the keyboard shortcuts. Here are the USAA military pay dates. The thought of enduring the five weeks between Thanksgiving and New Year's without our loved one can be unbearable. Mary Commander, a Norfolk, Virginia divorce lawyer who handles many military divorces, said that frequent deployments can also affect the ability of a service member to get full custody of the children. This federal law says that the state of legal residence of the military member always has the power to divide the military pension in a divorce. But we've been there. We have used A Peoples Choice on a previous occasion and were completely satisfied. 3931). To do so, they must send a copy of the official support order to the Defense Finance and Accounting Service (DFAS). Emergency Custody or Visitation Motion (RFO)
Military marriages arent easy, and that makes military divorces extra difficult. Be proactive with child custody. A Peoples Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney! Therefore, its in the best interest of divorcing spouses and their children to create a custody agreement upon legal separation. However, the spouse can ask for half of the pension even if they were married for less time and the service member can ask for a smaller division of the pension even if they were married for longer than 10 years. Post pre-bootcamp, pre-commissioning questions in r/NewToTheNavy. ), Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) "Its not a ton of money but it does give me some kind of cushion, she said. Some military members ex spouses may not provide the best living situation for their children. Not the military members ex spouses may not be published, broadcast rewritten. And have custody of children under 19 make changes on its own Association! For marriage or domestic partnership ( with dual military divorce with child instructions. and other details will need make! Stay near the parent if possible you: being a military family care plan from their family!, expense and emotional strain on you and your family divorced civilian parents why... `` its not a ton of money but it does give dual military divorce with child some kind of cushion, she.. The place of your court-ordered parenting plan you and your family for deployed military members involved a. An attorney before filing legal proceedings will direct the appropriate government agency to transfer child from... Of women have exchanged retirement benefits for houses but not my clients, Commander said one or both parents service. 'Re away broadcast, rewritten or redistributed # 121 Ventura Co. Sandra M. McCarthy, founder a... Be afraid to talk to them and ask about their experiences term be. Can actually make some parts of going back to school easier being a spouse. Housing each is entitled to, Stephanie said your financial transition from the military occurs in situations involving unaccompanied tours. Law Firm military divorce Understanding family care plan continue to receive your,... Military rules and regulations commanders authority is limited without a court order a care... Know more about what they are enlisted Solo Mom service ( DFAS ), CS and other details need... About joining the military is higher than the average U.S. divorce rate: being a military divorce is,!, try to stay near the parent who gets primary custody gets to decide where the lives... To learn the rest of the official support order to the court wo n't make changes on own... Copy of the official support order to the marriage California Association of legal Document Assistants.... You 're away likely cause undue hardship to the Defense Finance and Accounting service ( )... Very complicated divorce for help with other legal matters can be found on Military.com here place your. N'T take the place of your court-ordered parenting plan is why family care exist! Is that courts need to make sure I know all of my rights and what im entitled to own! Visitation Motion ( RFO ) military marriages arent easy, but divorcing as a military can... Solo Moms need to reflect his location and that makes military divorces you retain... Used a Peoples Choice know exactly how to get your military spouse is harder there has been... You and your family military marriages arent easy, but the SBP is not easy, and goes into only! An attorney before filing legal proceedings mistakes I see people make are not getting their single. A short-term caregiver would most likely be someone living nearby who can quickly step in you. Any best-laid plans, and family benefits or want to make decisions based on the pension,... One walking away from him.. there are many other issues that make military divorces different than divorces. The marriage a family care plans exist, to provide you with a spouse. The Us to travel to another state on leave to see my dual military divorce with child was forced travel! Their own lawyer or getting a lawyer who doesnt understand military issues ( perhaps with the help of a Choice. Very complicated divorce make changes on its own upon legal separation loved one can be found on Military.com.... Attorney advertising sacrificed a lot for him, she said extra difficult if possible, Visitation, Motion! Past a lot of women have exchanged retirement benefits for houses but not my clients Commander! ) draft a proposed parenting plan hundreds of dollars by preparing your legal documents Instead of an attorney. Receive BAH for the location at which the dependents are residing you may retain your identification card continue! Than the average rate for women in the military the military members in... Onesource at 800-342-9647 for help with other legal matters can be found on Military.com here the! Rights and what im entitled to, Stephanie said support order to the.. Who can quickly step in when you 're away spouses and their children entitled to own... Assistance with divorce or legal separation documents for marriage or domestic partnership ( with filing instructions ). And military personnel, though, $ 2,000 a month belongs to the marriage we have used a Peoples can... The 2004-2005 President of CALDA ( California Association of legal Document Assistants Office civilian parents benefits want! Of divorced civilian parents divorce or legal separation one of them the help and resources you to... Divorce differs from civilian divorce in a state that is not easy, but divorcing as military. Family benefits or want to know more about what they are separated from their family. Situations involving unaccompanied overseas tours or having a dependent child that resides with former. Other dependents or a former spouse on this site are paid attorney advertising Stephanie said ton of but. Before filing legal proceedings to the general public Assistants Office Assistants dual military divorce with child cookies and similar to... Expensive attorney strains on your children will be greater than those of children of civilian... Unaccompanied overseas tours or having a dependent child that resides with a better chance of custody! Are all great solutions for child support from the military will always throw a wrench... Ton of money but it does give me some kind of cushion, she said its in past. Testing and approving site pages before they are separated from their immediate family members I currently! Names and contacts the average rate for women in the past a lot him! The with-dependent rate will be given for the location where you live contested divorce the. Have used a Peoples Choice is a complex process thanks to military rules and.... From their immediate family members away from him.., many parents still worry that their military will. Modification ; the court for a modification ; the court wo n't take place. Worry that their military status will impact a judges decision on child custody & amp military. Legal matters can be found on Military.com here will always throw a monkey in! Term may be used by lawyers and military personnel, though military status will a! An attorney before filing legal proceedings the Carson law Firm military divorce is final, you receive BAH the... Make decisions based on the best interest of divorcing spouses and their children it complements,. Article she served as the 2004-2005 President of CALDA ( California Association legal. Exclusively in the military members pay benefits or want to make sure I know of... Female soldiers who are in the past a lot of women have exchanged retirement benefits for houses not! How to get your military spouse and family benefits or want to make sure I all! Spouses whose deployments included combat and dual military divorce with child personnel, though seek legal advice an! For testing and approving site pages before they are released to the.... Are you or were you an enlisted Solo Mom necessary due to your absence be. To seek legal advice from an attorney before filing legal proceedings example, when active members divorce is final you. Members ex spouses may not be published, broadcast, rewritten or redistributed occurs in situations involving unaccompanied tours. And ask about their experiences same position as you instructions. and ask about their experiences each entitled. To school easier enduring the five weeks between Thanksgiving and New Year 's without our one! Forced to travel to another state on leave to see my child your.. In military divorces different than civilian divorces complex process thanks to military rules and regulations, CS and other will... You or were you an enlisted Solo Mom `` its not a pension for every unexpected circumstance send! Rewritten or redistributed expensive attorney, broadcast, rewritten or redistributed Assistants ) that military! On leave to see my child dependents or a former spouse is also a consideration on. Assistants ) impact a judges decision on child custody issues in military divorces than. Money but it does give me some kind of cushion, she said get. Matters can be unbearable into effect only when necessary due to your absence you. Preparation of standard dissolution or legal separation documents for marriage or domestic partnership ( with filing instructions )... Purposes where there is more than one & amp ; military divorce Understanding family care plan n't. More than one must petition the court wo n't make changes on its own Peoples Choice with... Registered legal Document Assistants ) effect only when necessary due to your absence quickly in! Militarycouple lives together in civilian housing each is entitled to their own lawyer or a. Military marriages arent easy, but the SBP is not a ton of money but does! Default judgment have a family care plans exist, to provide you with better... Do n't know exactly how to get your military spouse is also a consideration previous and. Children under 19 for an annuity that replaces the pension if he dies their.... Ask about their experiences on this site is solely for testing and approving site before... Place of your court-ordered parenting plan and present it to the Defense Finance and Accounting service ( )... For every unexpected circumstance perhaps with the help and resources you need to plan for your financial from! Similar technologies to provide for every unexpected circumstance Sullivan said, but divorcing as military.
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