How to Know Military Child Support Laws

By eHow Legal Editor

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Military laws state that ignoring child support laws and agreements is a crime. There are several other distinctions that service people and their spouses should know about if they are beginning or in the middle of a divorce proceeding.

Instructions

Difficulty: Moderate

Step1
Contact the appropriate office in the event that child support payments stop coming to you. If your ex is receiving army pay, then you'll have to contact the military court that handled your case. Navy cases are mostly settled in civilian court, so you also have the option of contacting a collection agency to enforce the ruling.
Step2
Anticipate a reduction in child support payments if the service person receives a pay cut. Military laws limit the percentage of the total deduction, which receives priority over a fixed-amount child support payment.
Step3
Calculate your military gross pay by including basic pay that's determined by your rank and also any housing and subsistence allowances, along with special skills pay and bonus. A percentage of the total pay is deducted for child support, which can either be set by the military or civilian courts.
Step4
Limit new child support rulings when either spouse is serving abroad. Military laws protect soldiers from most legal action against them while they are on duty and changes to child support and divorce terms cannot be made if the soldier is unable to defend himself in court. Remember that these laws apply to both civilian and military courts.
Step5
Plan ahead and know that child support payments may stop for a short time when the service person retires. This temporary halt is caused by the switch from regular to retirement pay, which requires paper work and internal adjustments. The first payment after retirement should be retroactive.
Step6
Call the Child Support Enforcement Agency or the military court that issued your ruling once your children become ineligible for child support. Be sure to start the process several months before the children reach the maximum age allowed by law so that wage deductions are stopped on time.

Tips & Warnings

  • If no court order exists for child support and the soldier is serving overseas, then interim support can be used until the case goes to court. This financial aid varies by military branch and can be started by contacting the military personnel office where the parent is stationed.
  • Garnishment orders from a civilian court need to be sent to the military offices so that they know to take out child support each month.

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eHow Article:  How to Know Military Child Support Laws

eHow Legal Editor

eHow Legal Editor

Category: Legal

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