How is Military Divorce Support Calculated? 

Military Divorce Lawyer

It is pretty common knowledge that military divorces differ from civilian divorces in many ways. An example of this is when active members of the military or their spouses file for divorce, they are subject to special and unique circumstances that most civilians will never have to deal with. Because of this, it can make calculating military divorce support complicated and often overwhelming.

So it is often in your best interest to hire a lawyer to help you through this process. Not only can they help you through calculating military divorce support, but they can also walk you through any child custody and visitation issues that you may face.

Calculating Military Divorce Support

Child Support 

If you are an active duty service member, you are legally required to support your children, just like anyone else. This can be difficult because military paychecks differ from civilian checks in that can be challenging to determine what the service members’ actual pay is. In order to determine what you or your spouse should pay for child support, you have to figure out the active duty service member’s base pay. You will also have to factor in their pay when it comes to paying for your child’s health insurance or any work-related daycare expenses.

In certain states, you can plug in all the information needed in a child support calculator to get an idea of what you can expect. The laws and regulations vary from state to state and that is why talking to a lawyer is often in your best interest, as they can give you an honest idea about what you may need to pay.

Spousal Support 

In general, there are two sets of laws that affect military divorce and spousal support. The first thing that affects military divorce is the state in which the divorce takes place. The second is the Uniform Service Former Spouses’ Protection Act (USFSPA). While state law controls most aspects of the divorce, this act is a federal law that requires the military to accept the state statutes on issues like child support, alimony, military pay and pensions. This act also requires that the couple’s marriage lasts for a specific amount of time in order for the spouse to be eligible for certain benefits.

In both child support and spousal support, the military requires service members to meet their obligations as described in the divorce decree or the court order. If a service member does not meet these obligations, they may then face military discipline. Each branch of the military is going to be different, but they are going to require their service members to pay their debts and support their dependents.

If you are going through a military divorce, we understand that it is a difficult time in your life. That is why we suggest contacting a military divorce lawyer like our friends at Robinson & Hadeed for more information about what to expect during this process.

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