How Does Child Support Work in a Texas Military Divorce?

How to Collect Child Support from a Military Parent and What Happens if They Fail to Pay

Divorce is never easy, especially when children are involved. If your soon-to-be ex-spouse is an active-duty military member, you may have questions about how child support is determined, collected, and enforced. Here’s what you need to know to navigate this process.

How Is Child Support Determined?

The process for determining child support is the same for military and non-military divorces—it’s governed by state laws. Typically, the court considers factors like the income of both parents and the needs of the child.

If both parties can agree on an amount and payment schedule, the court will review the agreement to ensure it’s fair and free from coercion. If no agreement is reached, the court will apply a formula to calculate the appropriate support amount.

How Is Child Support Collected from a Military Parent?

Military parents have two primary options for paying child support:

1. Direct Payment: The military parent can pay child support directly to the custodial parent.
2. Allotment Through Military Pay: The Defense Finance and Accounting Service (DFAS) allows military parents to set up a voluntary allotment. This ensures the child support payment is automatically deducted from their pay and sent to the state agency responsible for child support enforcement.

This system provides a reliable way to ensure payments are made on time.

What Happens If a Military Parent Fails to Pay Court-Ordered Child Support?

If a military parent fails to meet their child support obligations, there are serious consequences, including:

• Wage Garnishment: State laws allow for wage garnishment to recover unpaid child support.
• Military Sanctions: The parent’s commanding officer may impose penalties such as extra duty, reduced pay, or even demotion in rank.
• Court-Martial: Under the Uniform Code of Military Justice, a military parent could face court-martial for:
  • Failure to obey an order (Article 92)
  • Willful disobedience of an officer (Article 90)
  • Bringing discredit to the armed forces (Article 134)

These measures ensure that child support obligations are taken seriously, even within the military.

Turn to Graham Family Law for Expert Guidance in Military Divorce Cases

At Graham Family Law, we understand the unique challenges of military divorces. With over 20 years of experience serving San Antonio and surrounding communities, we provide skilled representation to protect your rights and secure the best outcome for you and your children. Whether in court or at the negotiation table, we’re here to help.

Contact us today at 210-308-6448 or via email to schedule a consultation. Let us guide you through this process with confidence and care.

Serving San Antonio and Beyond

We proudly handle divorce and family law matters throughout San Antonio and nearby areas, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comal, and Guadalupe counties. We also serve the municipalities of Cibolo, McQueeney, Marion, Santa Clara, New Berlin, Kingsbury, Staples, Redwood, Zuehl, and more.

Related reading:

Military Child Support and Enforcement

Father’s Rights Attorney in San Antonio