Military Service and Child Support

Military service and child support intersect in various ways, often requiring service members to navigate complex legal and financial obligations while fulfilling their duties to both their country and their children.

Sacrifice, devotion, and a desire to serve one’s nation are common characteristics of military duty. Nevertheless, there may be more challenges for military personnel who are also parents, especially when it comes to child support. Though there are certain rules and tools in place to manage these difficulties, juggling military obligations with financial responsibilities to children can provide special challenges.

This article focuses on service members who share custody of their children after a divorce or separation. The general guidelines for child support payments to military personnel and the various methods for obtaining child support from a parent serving in the armed forces are provided below.

Legal Framework

In the United States, child support laws are primarily governed by state regulations, but federal laws also play a role, especially when it comes to military service members. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that addresses the division of military retirement pay upon divorce. It allows states to treat military retirement pay as marital property subject to division, similar to other forms of retirement benefits.

Additionally, the Servicemembers Civil Relief Act (SCRA) provides certain legal protections to active-duty service members, including protection from default judgments in civil cases, such as child support proceedings. This act aims to alleviate some of the legal burdens faced by service members while they are serving their country.

Calculating Child Support

Child support calculations typically take into account various factors, including the income of both parents, the number of children, and any special needs or expenses related to the children. For military service members, income may include base pay, housing allowances, and other allowances, but special considerations may apply, such as deployments or changes in duty stations that can impact income stability.

States have different guidelines for calculating child support, and some may have specific provisions for military personnel. It’s essential for service members to be aware of these guidelines and how they apply to their unique circumstances.

Getting Child Support from a Military Personnel

Like any other parent, a military parent must adhere to the agreed-upon child support amount and payment schedule. The military typically lets each service member choose how they want to be paid. If a service member requests it, military parents can set up an automatic amount deducted from their pay or a voluntary allotment that can be used to pay child support through the Defense Finance and Accounting Service (DFAS).

In the event that a service member neglects to pay child support, the parent who is in need of support may send a letter to the member’s commanding officer outlining the reason for the nonpayment and asking for the officer’s help. Copies of the court order or agreement outlining the terms of child support as well as any further supporting documentation should be included by the non-military parent with the letter.

The service member cannot be forced to pay without a court order, although the commanding officer may look into the matter and perhaps discipline the member for nonpayment.

According to state regulations, the custodial parent may go to court to enforce the child support order if the military parent fails to pay for several months. The custodial parent may forward a wage garnishment order to DFAS, which will deduct child support payments directly from the service member’s salary, if the court issues one later.

Enforcement

Enforcing and collecting child support from a service member can present challenges due to the nature of military life, including frequent moves and deployments. However, the Uniform Interstate Family Support Act (UIFSA) helps facilitate the enforcement of child support orders across state lines, which can be particularly relevant for military families who may relocate frequently.

Resources for Service Members

Service members facing child support issues can access various resources for assistance. Military legal assistance offices can provide guidance on navigating child support proceedings, understanding legal rights and obligations, and addressing enforcement or modification issues.

Furthermore, organizations like the Military Family Support Centers offer programs and services tailored to the needs of military families, including assistance with child support matters. These resources can provide valuable support and information to service members facing challenges related to child support.

Military service and child support obligations can intersect in complex ways, requiring service members to navigate legal frameworks, calculate support payments, and address enforcement issues while fulfilling their military duties.

Understanding the relevant laws and resources available is essential for ensuring compliance with child support obligations and maintaining financial stability for both service members and their children. By leveraging available resources and support networks, military families can effectively manage the intersection of military service and child support, fostering the well-being of all involved parties.

Frequently Asked Questions About Military Service and Child Support

1. How is child support calculated for military service members?

Child support calculations for military service members typically consider various factors, including the service member’s income, which may include base pay, housing allowances, and other allowances. Each state has its own guidelines for calculating child support, and some states have specific provisions for military personnel.

2. What happens to child support payments during deployments or changes in duty stations?

Deployments or changes in duty stations can impact a service member’s ability to fulfill child support obligations. However, it’s crucial to continue making child support payments as required by the court order. Service members can seek modifications to child support orders based on changes in income or circumstances resulting from deployments or changes in duty stations.

3. Can child support be withheld from a service member’s military pay?

Yes, child support payments can be withheld from a service member’s military pay. The Defense Finance and Accounting Service (DFAS) can facilitate the withholding of child support payments to ensure compliance with court orders.

4. What legal protections are available to service members regarding child support obligations?

The Servicemembers Civil Relief Act (SCRA) provides certain legal protections to active-duty service members, including protection from default judgments in civil cases like child support proceedings. Additionally, service members may be entitled to legal assistance through military legal offices to address child support matters.

5. How does military retirement pay factor into child support calculations?

Military retirement pay is considered marital property subject to division in divorce proceedings under the Uniformed Services Former Spouses’ Protection Act (USFSPA). State laws govern the division of military retirement pay, and specific guidelines may vary depending on the jurisdiction.

6. What resources are available to service members for assistance with child support matters?

Service members can access various resources for assistance with child support matters, including military legal assistance offices, which provide guidance on navigating legal processes and understanding rights and obligations. Military Family Support Centers also offer programs and services tailored to the needs of military families, including assistance with child support issues.