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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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Is child support Duty Navy parent only 1/6 of gross

Customer Question

Is child support for Active Duty Navy parent only 1/6 of gross pay? Will it include my wifes pay as my gross pay?
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
That figure that you are referring to is not any sort of legally mandated child support requirement on the court. The court, when deciding child support, can establish whatever rate their state uses in determining child support requirements.
The 1/6 figure is referring to the financial support that a military member has to give his current spouse for a child when a court has not issued a divorce decree with any specific child support requirement. This is typically during the separation phase, but before the divorce is final.
That being said, the military member probably has other financial liability here too, because unless their spouse is still living in military housing (which is a consideration for a commander), then the rate would be based on having to financially support the current (but separating) spouse and the child...or 1/2 according to the scale (which is just a guide for commanders).

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