Legal matters are usually a bit different for military members than they are for civilians; this includes issues surrounding child support orders. While the basics are the same, military members face some unique issues and circumstances that may affect how child support orders are issued, enforced and modified.
Military divorce is governed by a combination of state and federal laws. This affects child support in a few ways. First of all, the Servicepersons Civil Relief Act (SCRA) can be used to temporarily protect a military member from certain legal actions. This can mean that if a member is deployed, the case can be delayed.
Calculating child support can also be a bit tricky. When calculating child support, the court uses state guidelines to determine the amount, but the military may use a separate guideline when establishing interim support.
It can also be difficult to determine actual pay for military members because military paychecks are significantly different from those in civilian jobs. Generally, when calculating military child support, if the military member is the payer, refer to his/her Leave and Earning Statement (LES) which details the servicemember’s base salary as well as any other extras.
Enforcing Child Support Orders for Military Members Beyond Standard Actions
In cases where a military member is not paying a child support order that has already been issued, legal counsel can be valuable. The military does what it can to enforce child support orders, but it has its own internal laws that put limits on what it can do.
Having good legal counsel is important when facing military divorce, or any legal action against a military member. Having an attorney can help better understand the laws surrounding military child support actions and can teach responsibilities. Call Warren & Migliaccio at 888-584-9614 to set up a consultation.
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