Going through a divorce while serving in the military is a complex situation. Since members of the military are deployed in wartime or may receive orders to move by the military, they are not always available for normal court proceedings. While the military does expect active service men and women to provide support to their family, the legal proceedings may take time to ensure the military parent is present. By understanding the facts about military child support, parents can determine the best solution for their family and children after a divorce.
1- Support for Family Members Varies By Service
Before the courts issue an order for child support, service members must provide appropriate support for dependent family members. Each branch of the military has a guideline based on the income of the soldier and the Basic Allowance for Housing. The Air Force differs because a commanding officer determines the appropriate support for dependent family members. After a court order for child support or an agreement from the parents regarding child support, the written agreement or court order sets the standard.
A commanding officer may waive support standards in specific situations. Exceptions depend on the soldier’s situation and does not apply when the state issues a court order. If the state issues a court order, then the soldier must comply with the court.
2- Special Rules May Apply to the Court Proceedings
The time table for a court proceeding may be complicated by military service. Since the soldier may be deployed or transferred to a different state, the court may allow the soldier to set up a timetable based on their situation before proceeding with the litigation.
Generally, the soldier must provide information regarding his or her schedule and a reasonable time table to complete the court proceedings. If the soldier is deployed in a war or otherwise will not be present at the court proceedings, then the litigation may move forward without the soldier’s presence.
3- The Courts Set Up Solutions for Deployment
Military child support is complex due to the possible challenges of the soldier’s career. A soldier may not be able to make child support payments or access a bank account while serving overseas or in a war zone. As a result, the courts take the possibility of deployment into account when setting up a court order for child support.
The court order will provide details regarding appropriate actions when the soldier is deployed or unable to make child support payments. Courts may garnish wages, special skills pay or other income while a soldier is overseas or deployed. Alternatively, the parents may agree on a payment strategy that allows a soldier to make a large payment after returning from deployment. Courts consider the possible challenges of serving in the military when setting up a strategy for child support while soldiers are deployed or unable to access bank accounts due to their service.
Experienced Utah Family Law Attorneys: Wall & Wall Attorneys at Law
Military divorce is a complicated legal process due to the special circumstances that may impact the legal proceedings. By working with Utah family law attorneys at Wall & Wall Attorneys at Law, you have professionals who are experienced with military divorce and understand the unique challenges your family may face during the Utah court proceedings. Contact Wall & Wall Attorneys at Law to schedule a free consultation for one of our lawyers to review your case using our online form or by calling 801-263-7078 today.
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