Federal rules require that military members provide child support to their kids. Military regulations likewise mandate them to give financial support to their kids even if they are a non-custodial parent.
Additionally, there’s no need for a court order of child support, notes Law Office of Gordon N. Shayne. Below are some basic laws regarding child support from parents in the military:
Child Support Orders
Military services require military parents to give their families “adequate support.” Support regulations differ from one service to another.
Support orders are usually court-ordered, but could also be issued through written agreements between spouses, as well as temporary support measures pending a court order.
Child Support Amounts
The term “adequate support” is governed by state laws and differs widely from one service to another. Generally speaking, however, child support amounts are usually calculated by adding how much money the military parent makes, establishing their gross monthly income, comparing it against the general tax chart of the attorney general, and then multiplying that number by a particular percentage per child.
Penalties for Failure to Pay Child Support
While services can’t force military members to send support payments without an official support court order, if the military parent is delinquent on their payments, they could face serious penalties. The commanding officer (CO) could impose a reduction in pay, additional duties, and even a reduction in rank.
Retired Military Members
According to federal laws, the wages of retired military parents could be garnished for support payments. Expect a delay of one to two months however in receiving payments upon the military parent retiring.
Due to the complex nature of child support laws and the unique circumstances of military parents, it’s best that you seek help from a family lawyer with experience in handling cases involving military families. This would ensure that you know about your rights, your compliance with state law and service regulations, and help make certain that your child is well cared for even if you’re away on active duty.