How Does Child Support Work in a Texas Military Divorce?


How Do You Collect from a Military Parent? What Happens if the Military Parent Fails to Pay Support?

Your marriage is over and the only way forward is through a divorce. You have minor children in the home, though, and your soon-to-be ex-spouse is on active duty with a branch of the armed forces. How is child support determined? How does it get paid? What are your options if a military ex-spouse fails to pay court-ordered child support?

How Is Child Support Determined?

The process for determining the need, amount and frequency of child support payments is the same for both military and non-military divorces—it will be governed by state laws. As a general rule, the parties can agree to an amount and payment schedule, but the court will review the agreement to ensure that it does not suggest undue influence or coercion. If the parties cannot agree, the court will typically apply a formula which considers the income of both parents, as well as the needs of the child.

How Is Child Support Collected from a Military Parent?

As a general rule, a military parent has the discretion to either pay child support directly or set up some form of payment through his or her pay. The Defense Finance and Accounting Service permits military parents to voluntarily establish a regular allotment, payable to the state agency that administers child support, so that the support obligation automatically comes out of the soldier’s pay.

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

A military parent who fails to honor a child support order may be subject to a number of adverse consequences:

  • The parent may be subject to wage garnishment pursuant to state laws
  • The parent’s commanding officer may impose sanctions, including extra duty, reduced pay and demotion in rank
  • The military parent may be subject to court-martial under the Uniform Code of Military Justice for failure to obey an order (Article 92), willful disobedience of an officer (Article 90) or bringing discredit on the armed forces (Article 134)

Come to Graham Family Law for Experienced Counsel in Military Divorce Matters

At Graham Family Law, we bring more than 20 years of experience to men and women in San Antonio and the surrounding communities who need proven divorce and family law counsel. We are skilled trial attorneys who can protect your rights before a judge and jury. We are also respected within the legal community for our ability to negotiate effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of Cibolo, McQueeney, Marion, Santa Clara, New Berlin, Kingsbury, Staples, Redwood, Zuehl and New Berlin

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