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Are you a member of the military who is in the process of divorce and need to know information or your rights regarding child support? When it comes to child support issues, having the most accurate information is important for all parties involved. Experts are prepared to answer any question you may have. Read below where verified Experts have answered questions regarding child support in the military.
No, an individual will have to get a civil judgment from a family court. Once an order for child support from the court is in place, then a request can be filed with the military for payment, but the service member should first be given the chance to voluntarily pay. If the service member does not voluntarily pay, then a domestic order with the military finance department may be filed so that the child support payment is taken directly from the service member’s paycheck.
Child support may be received until the child attains the age of 18 years old and has graduated from high school, or the child attains the age of 19 years old if not graduated from high school. Child support may be extended while a child is in college until the age of 24 if allowed by the court.
Yes, typically the basic allowance for housing is used to calculate child support. The reason is that it is a housing allowance. Non-military persons have to use their paychecks to obtain housing and their entire paycheck is used to determine the amount of child support to be paid. No one else is given a deduction from their gross pay for the amount that is spent on housing.
The Army does not have a standard for alimony or child support. All the Army requires is that the military member support his or her children and family, and to that end, a spouse while married.
The service typically expects a service member to pay an amount at least equal to his or her basic allowance for housing. The court system determines an amount based on the income of both parents.
The Army pays the amount of child support that is court ordered. It does not determine the amount to be paid. However, the court does look at the different proportions of parenting time to determine the amount of support paid and/or received.
Yes, the court may include basic allowance for subsistence. There is no prohibition against it, as it is money that is received on a regular basis.
Legally, child support is calculated based on all sources of income, so yes, combat pay can be considered. Although, some judges will exclude combat pay because it is not taxed under the Internal Revenue Code. However, the Internal Revenue Code does not control state child support standards. If a judge does exclude the additional pay then it is done in error.
Whether you are on the “paying” or “receiving” end, you may have questions regarding child support. Legal advice can be quite expensive, and if you are serving in the military it may not always be convenient to consult with an attorney. Experts are on-hand to assist you at your convenience. Verified legal Experts are available to provide you with the information you need.
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