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Military Child Support Laws

What is Military Child support?

Military Child Support is the monetary amount from a soldier’s paycheck that he/she pays to financially support his/her child/children. The child support amount is based on all income received by the soldier. There may be concerns when it comes to the amount that the soldier is to pay or how to enforce the amount that the soldier is to pay. When these questions arise, the Experts are able to give advice regarding Military child support.

If a soldier is in the military and trying to figure out child support obligation, does the soldier have to include their inactive pay or is it just based on the soldier’s base pay?

In the military, a solider has to include all their income that they receive. This includes their base pay and any pay they receive such as BAH and other incentives. The laws prior use to only calculate the base pay, but times have changed and now the entire soldier’s pay has to be calculated into the child support worksheet. The military and courts include all the soldiers pay when they calculate child support.

If a soldier has a child and the child is over eighteen, can that child seek back child support against the soldier for all the years he/she did not pay support?

Child support is paid by one parent to the other. This means that is the custodial parent wants to seek child support he/she can but the child is not entitled to the money and therefore the military would not grant the child the child support money. The Military Lawyers would be able to advise further on the child support laws fast and affordably.

How would a former spouse who has a child support order, go about getting the ex-spouse in trouble for not paying their court ordered child support according to Marine guidelines?

The spouse that is to receive the support needs to take a copy of their official court order to the soldier’s commanding officer. The Marines as well as all military branches frown upon the soldier not paying child support to support their children and have punishments in place for the failure of payment of child support obligations.

If a soldier’s ex wants to increase child support obligations against the soldier, would the soldier’s “Soldiers and Sailors Act" that is in place stop the child support from being raised?

The “Soldiers and Sailors Act” does not stop the soldier from having to pay more child support if a court orders him/her to pay a higher amount. The only thing that may cause an issue is if the soldier has to appear in court for the child support increase. With the “Soldiers and Sailors Act” it can stop the soldier from being summoned to court while deployed.

Can a former spouse file for back child support on his/her deployed former spouse based on the rate of pay he/she received while deployed or will the child support amount be figured on his/her pay that he/she receives once he/she returns from deployment?

The courts will base the amount of child support on the pay that the soldier receives at the time of the modification of the child support. The spouse receiving the child support payments cannot base raising the child support on the deployed soldier’s income at time of deployment, only on the income that the soldier gets paid when the child support is figured.

Military Child Support is an emotional issue regardless of the party involved. The amount that a soldier is ordered to pay is important to the raising of the children. When a former spouse or a soldier is ordered to pay the child support they may have concerns as to the amount and laws of child support. Asking the Experts is a way to gain insight when facing questions regarding Military Child Support.
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