Child Support Considerations in Military Divorces

Maximizing Military Divorce Child Support: Guidelines for Effective Payments

Introduction

Welcome to our guide on child support considerations in military divorces. Going through a divorce is always difficult, but when one or both spouses are members of the military, there are additional factors that must be considered. In this guide, we will discuss the unique aspects of child support in military divorces and provide information and resources to help military families navigate this process.

Understanding Military Divorce

Before diving into the specifics of child support in military divorces, it is important to have a basic understanding of what a military divorce is and how it differs from a traditional divorce. A military divorce is the legal process of ending a marriage between two individuals, at least one of whom is an active-duty member of the military or a veteran. This type of divorce is subject to both state and federal laws, including the Uniformed Services Former Spouses’ Protection Act (USFSPA).

One of the main differences between a military divorce and a traditional divorce is the jurisdiction in which it takes place. In most cases, a military divorce will be filed in the state where the service member is stationed, even if it is not the state of legal residence for either spouse. This is due to the “military exception” to the residency requirements for divorce, which allows service members to file for divorce in the state where they are stationed, regardless of how long they have lived there.

Factors Affecting Child Support in Military Divorce

Child support in military divorces is determined using the same guidelines as in civilian divorces, but there are additional factors that may affect how child support is calculated and allocated. These include:

• Income: The income of the service member, including base pay, housing allowances, and any special pay, is used to determine child support. However, there may be some additional considerations for service members who receive combat pay or hazardous duty pay.
• Custody arrangements: Like in civilian divorces, custody arrangements will play a role in determining child support. In cases where one parent has primary physical custody, the other parent may be required to pay a higher percentage of child support.
• Military benefits: The value of military benefits, such as healthcare and housing, may be factored into the child support calculations. For example, if the service member provides healthcare for the child, this may be considered as a contribution towards child support.
• Number of dependents: The number of dependents a service member has, including children from previous relationships, may also impact child support calculations.

Calculating Child Support in Military Divorce Cases

The standard method for calculating child support in a military divorce is the same as in a civilian divorce. Most states use a formula that takes into account the income and financial resources of both parents, as well as the needs of the child. The child support guidelines may also consider the cost of living in the state where the child resides.

However, some states have specific guidelines for calculating child support in military divorces, taking into consideration the unique income and benefits of service members. It is important to consult with an attorney or research the specific guidelines in your state to ensure that child support is calculated accurately.

Special Considerations for Deployed Service Members

Deployments can complicate child support arrangements, as the service member may not be able to fulfill their parenting responsibilities and may have a change in income during their time away. In these situations, it is important for the deployed service member to communicate with their ex-spouse and make arrangements for any missed child support payments.

Additionally, the Servicemembers Civil Relief Act (SCRA) provides protection for active-duty service members who are unable to participate in legal proceedings due to military service. This means that a service member may be able to postpone child support hearings until they return from deployment, or have the hearing location changed to accommodate their deployment schedule.

Enforcement of Child Support Orders in Military Divorce

Enforcing child support orders in military divorces can be more challenging than in civilian divorces, as the service member may be stationed overseas or in a different state. However, all service members are required to comply with child support orders, and failure to do so can result in legal consequences.

If a service member refuses to pay child support, the other parent may seek assistance from the military’s legal assistance office or the state’s child support enforcement agency. These agencies have the authority to contact the service member’s commanding officer and request assistance in enforcing the child support order.

Modification of Child Support in Military Divorce Cases

As with any child support order, a military child support order may be modified if there is a significant change in circumstances. This can include changes in income, custody arrangements, or the needs of the child.

It is important for both parents to stay in communication and be open to modifying the child support order if necessary. This can help avoid legal issues and ensure that the child’s needs are being met.

Potential Issues with International Military Divorce and Child Support

International military divorces, where one spouse is a member of the military and stationed in a different country, can present additional challenges when it comes to determining and enforcing child support. In these cases, it is important to consult with an attorney who is familiar with international military divorces and the laws that govern them.

Additionally, the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance provides a means for enforcing child support orders in international cases. This treaty allows for cooperation between countries to ensure that child support orders are enforced and children receive the financial support they need.

Resources for Military Families Dealing with Child Support in Divorce

There are many resources available for military families who are going through a divorce and need assistance with child support. These include military legal assistance offices, which can provide free legal advice and assistance with child support issues. Additionally, many states have specific programs or resources for military families dealing with child support.

The Department of Defense also has a Family Support Program, which provides resources and support for military families going through a divorce and dealing with child support issues.

Navigating Child Support Guidelines in Military Divorce

Child support in military divorces can be complex, but with the right knowledge and resources, military families can successfully navigate this process. It is important for both parents to communicate and work together to ensure that their children’s financial needs are being met. Additionally, seeking guidance from a lawyer who is familiar with military divorce and child support can help ensure a fair and accurate child support order is established.