4 Rules for Child Support with a Military Spouse

Divorcing a military spouse can sometimes be more difficult than divorcing a civilian spouse. Military members are held to higher standards in some cases, and military courts can have some say in military divorces and child custody cases.

Working with a good child custody lawyer serving Arizona will help you navigate the different rules and procedures for divorcing military spouses. A good Phoenix Military divorce lawyer or family law lawyer will also help you to protect your rights and get the best outcome for your family.

Here are four rules that you will learn about getting child support from a military spouse:

Child Support is Necessary

Child support is always necessary for one parent to pay. The courts decide what the overall support for the child is, and then it looks at how much each parent makes and how much time the child spends with each parent to determine what share of that support each parent has to pay. One will already be paying it through their everyday expenses of taking primary care of the child. The other parent, the one with whom the child spends less time, will likely have to pay the parent with the greater share of custody.

Even if both parents have equal time with the child, one may still have to pay the other child support if they make more money. The military also holds its members to a higher standard, so a military spouse may have to pay support even if pay and time are somewhat equal.

How Child Support is Calculated

The courts use an extensive worksheet to determine how much each parent has to pay for child support. The amount of income determined to be needed to support the children varies according to state. However, courts will universally look at things like how much money each parent makes, how much is spent on childcare, how much is spent on education and medical expenses, and so on. Then courts will look at how much time the children spend with each parent.

You can expect to get an interim child support order before a final one is issued. The interim child support order is designed to help you take care your children while you are waiting for a final resolution.

Interim Child Support

You need interim child support to help you take care of your children while you are waiting for the courts to make a decision. That could take months, and most people don’t have months of savings to tide them over. Fortunately, interim child support can be awarded immediately.

Military members are required to pay to support their children even if they do not have a formal child support order. Military officials will determine how much is required, based on analysis of the person’s gross pay and their Basic Allowance for Housing (BAH). If the person does not pay what is determined to be proper, you can report them to their commanding officer, and the military may punish them for failing to pay.

Following Court Orders

Any parent ordered to pay child support must abide by the order or risk repercussions, including fines and even jail time. However, if a military parent disobeys a court order, there could be additional punishment. You even have the right to notify the person’s commanding officer to let them know about the lapse.

Your co-parent may have a child support payment set up through the Defense Finance and Accounting Service. That way, you don’t have to worry about interruptions when the person is deployed abroad or the person is not able to access their bank account for some other reason.

Divorcing a military spouse or getting them to pay child support can be a bit more tricky since there are extra steps and considerations involved. But you also have an extra layer of protection since the military holds its members to higher standards of behavior. Make sure you work with a good child custody lawyer in Tucson to learn about and protect your rights.

My AZ Lawyers are ready to help you if you are divorcing a military spouse or need to formalize a child custody or support order. Our attorneys have extensive experience handling military cases, and they will work hard to get you the outcome you want for your family. We represent clients throughout Phoenix, Mesa, Glendale, and Tucson. Call us today to talk with a family law attorney about your case.

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