What Servicemembers Should Know About Child Support

All parents, including military servicemembers, have an obligation to financially provide for their children. Even if a parent serving in the military is not able to physically be present in their children’s lives, there are laws in place that ensure that they are financially supportive. If you or your co-parent is currently serving in the military, it is critical to know how this may have an impact on your child support.

How is child support calculated for servicemembers?

Child support is calculated based on both parents’ incomes, but the total award also factors in things like child care, health insurance, educational costs, and so forth. Before a child support order is in place, the servicemember is required to provide financial support for their child, which is referred to as interim child support. During this time, both parents may decide on a reasonable and fair amount for the servicemember to pay. However, if this is not possible or you need help doing this, you can refer to the child support guidelines provided by the specific branch that you or your ex-spouse are serving in to gain insight into how much child support should be provided.

It is important to know that it can be very difficult to calculate a servicemember’s income. The reason for this is because paychecks given to military personnel are very different from paychecks given to civilians. . Instead of referring to a tax form like you normally would, you use the Leave and Earnings Statement (LES), which is very similar to a work paystub, except it is more detailed. Once you know the servicemember’s income, you can come to an agreement on a certain amount until the court hearing makes an official decision.

This is one reason why you want to hire a Charlotte military child support lawyer who understands the unique issues facing families; we know how to compute the actual and total income for servicemembers.

Can my Basic Allowance for Housing (BAH) and other allowances be considered as income for child support?

Yes, your Basic Allowance for Housing (BAH), food allowances, and other allowances are all considered income for child support. Therefore, even though these allowances are not taxable, they are still taken into consideration when determining how much child support a servicemember should provide for their child.

How can I ensure child support payments are deducted directly from my military pay?

After a child support order is put in place, the servicemember must pay the stated amount and follow the schedule for payments. However, as a servicemember, you might become busy with other tasks and want to make sure that you do not forget to make these payments. In order to ensure that you never miss a child support payment, it may be a good idea to have it deducted directly from your military pay. There are certain steps you can take to do this, including:

• Contact the Defense Finance & Accounting Service (DFAS) and provide a copy of the child support order.
• Let DFAS know that you would like to have your child support payments directly deducted from your military paychecks.
• Set up an allotment with DFAS that ensures that the money is taken from each paycheck.

In order to successfully set up an allotment, you will need to provide your bank account number and routing number. While it is completely voluntary to have your child support deducted from your paycheck, many servicemembers prefer to do this because it gives them a record showing that they have paid the required child support amounts on time following the divorce.

Can child support be modified if my military pay changes?

If your military pay changes for any reason, you may ask for your child support order to be reviewed and modified. However, in order for this to happen, you must be able to show that there was a substantial change. For example, if your military income was reduced by two percent, there is a strong chance that the court will not allow a modification. However, you may have the option to speak with your ex-spouse and develop an agreement based on this minor change of pay.

What are the consequences if I fail to pay child support while serving?

If you fail to pay child support while serving in the military, your ex-spouse can send a letter to your commanding officer. If your commanding officer receives this type of letter, they may find ways to punish you, such as requiring you to perform extra laborious tasks, reducing your pay, or even reducing your military rank.

Additionally, since each branch requires their servicemembers to pay child support, you could be subject to a court-martial if you fail to do so.

Navigating child support while in the military can be complicated. A Charlotte family law attorney from Epperson Law Group can help simplify the process. Our team is ready and available to inform you of your rights, ensure that you are aware of your obligations, and help you make the best legal decisions based on your circumstances. Please call our office or complete our contact form to schedule a case review in Charlotte, Boone, Weddington, or Concord today.