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How to enforce child support payments with spouse in the military

If you have gone through divorce and your ex-husband in the military is not fulfilling child support obligations, you might be worried and frustrated. While child support is generally governed by Texas state law, the Military Service Relief Act contains specific rules for military members involved in divorce cases.

Learn more about how to enforcing child support obligations from your military ex-spouse.

Withholding order

If your ex is failing to meet required payments, you can submit a request for a withholding order. A withholding order application is a document sent to the federal government that requests a deduction or enforcement order. This is essentially an official notice for the government to withhold wages from your ex.

Military consequences

While the military cannot force payments without a court order, your ex might still face penalties before you submit the order. If the commanding officer finds out your ex is not fulfilling his child support obligations, he might face non-judicial consequences such as reduction in rank, extra duty rounds or reduced pay.

Additionally, all military members are required to support their dependents and pay their debts. Failure to do so may violate Articles 92, 90 and 134 of the Uniform Code of Military Justice. Violation of these rules may result in a court-martial process, which involves a criminal trial with punitive consequences.

The fallout of divorces involving the military can be confusing and stressful. Contact a military family law attorney to learn more about overdue child support payments and receive assistance with submitting a withholding order.

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Jamie Graham & Associates, PLLC
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San Antonio, TX 78205

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