Military Divorce and Child Support

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Military Divorce

Child support is an important issue in any divorce.  In a military divorce, child support decisions must be made in accordance with military child support law.  It is important for both parties to a military divorce to understand how military child support law works and how military child support will be calculated.

Military Child Support Law

Federal laws require military personnel to provide for their dependent children by paying child support. However, the Servicemember’s Civil Relief Act may allow a serviceperson to delay child support proceedings if the serviceperson is on active duty.  The law requires a court to grant a 90 day stay of proceedings at the serviceperson’s request and the court may grant additional stays, as it deems equitable.

How Military Child Support Amounts are Calculated

Military child support amounts are calculated as a percentage of a military person’s pay. Generally, child support may not exceed 60% of a military person’s pay.  The exact percentage is based on the military person’s pay which can be found on the Defense Finance and Accounting Service website.  The military pay tables act as an important part of a military child support calculator for parents.  The other important part of the military child support calculator is the number of children the serviceperson supports.

Common Problems in Determining Military Child Support

Two common problems associated with military child support include delays in divorce proceedings because of the Servicemember’s Civil Relief Act and delays in child support payments when a servicemember moves from active duty pay to retired pay.

In order to correct these issues, and other complicated military child support issues, it is important to work with experienced a military divorce lawyer who can ensure that your rights, and those of your children, are well protected.

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