Can You Get Child Support From a Spouse in the Military?

Many military service members are parents, and like all parents, they are obligated to support their children. The fact that they are on active duty serving their country doesn’t change that. While child support is determined by state law, federal law governing members of the military exists to make sure that parents abide by their child support orders or agreements. If there is no child support agreement or order in place, federal regulations can provide an interim guideline regarding the military child support obligations.

How is Military Child Support Calculated?

State law governs child support calculations, and the first step in applying that law is to determine the service member’s income. You can use the military pay chart to estimate military income, but that is not the only income to consider. Add in payments from the service member’s leave and earning statement, as well as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS).

Add the service member’s income for the entire year, and divide that figure by 12. That is the gross monthly income on which child support is based. The child support guidelines of your state will determine the service member’s financial obligation per child based on the number of overnights each parent has with the child and other factors. For instance the service member may be required to make payments for health insurance or child care costs.

While many non-military families try to determine a parent’s income from their tax return, that’s not always accurate in the case of a military service member; some income that is considered income for child support purposes is not taxable income that is reported on a tax return.

Does Military Disability Count as Income for Child Support?

In most states, yes: VA disability compensation is considered as income for purposes of calculating child support. To confirm whether that’s the case in your state, contact an experienced military divorce attorney.

How Do I Start Military Child Support Payments?

The service member and the other parent are free to decide on a method of payment that works for them, within the requirements of state law. However, given that a service member may be deployed or otherwise unable to easily make direct payments, it is usually best to set up some sort of income withholding.

The Defense Finance and Accounting Service (DFAS) provides for service members to set up a voluntary allotment, which is a regular withdrawal from their income. Send DFAS an order from the court or Child Support Enforcement Agency (CSEA) that established child support in order to begin income withholding and payments to the custodial parent.

Do I Need the Service Member Parent’s Social Security Number for Income Withholding?

Yes. DFAS needs the military parent’s Social Security number to process an income withholding order for child support.

What if the Military Member is Not Paying Child Support as Ordered?

If you have child custody but there is no income withholding order in place and the military parent is not paying child support as agreed or ordered, there is action that you can take. Talk to a military divorce lawyer about obtaining an income withholding order for military child support garnishment.

You can also contact the military service member’s commanding officer. The commanding officer is authorized to take non-judicial disciplinary action against service members who do not comply with their family support obligations. Those actions can, in the most severe cases, include separation from military service.

Is There a Way to Collect Back Child Support From a Military Parent?

Generally, attempts to recover unpaid back child support (arrears) take place in state court. Parents seeking to recover child support arrears must generally show that they tried to collect back child support and that the parent who owes support (obligor) has not paid support for an extended period.

However, in 1992, the federal government established the Child Support Recovery Act (CSRA) to deter obligors from failing to pay state-ordered child support, and potentially prosecute or otherwise punish those who persist in refusing to pay. The CSRA may be used when the obligor is in a different state from the parent seeking payment.

A court order that directs income withholding for child support payments can also direct withholding of income for payment of back child support.

Does Child Support Income Withholding Stop When a Military Parent Retires?

Unless your child has reached an age at which they are no longer eligible for child support, child support will continue. However, military child support garnishment may be interrupted. DFAS is notified of military personnel’s retirement from active duty, but it may take between 30 and 60 days for the Office of Retired Pay to establish a retired pay account for the obligor. In the meantime, no payments can be made, so a parent to whom support is owed may experience a delay.

Either the military service member who is retiring, or the parent receiving support, can notify DFAS of an impending retirement in advance, including the service member’s Social Security number on any correspondence. Advance notification to DFAS doesn’t necessarily eliminate a delay in payments, but it may help to minimize interruptions.

If you have further questions about military child support, military child support garnishment, or military divorce issues in general, please contact Brinkley Law Firm, LLC to schedule a consultation.