Military families are going to face a unique set of circumstances when it comes to divorce their spouses. This is because military branches consider a service member’s duty to financially support their dependents, no matter if that child lives with your ex-wife. Custodial or marital status does not matter if you are asked. If you are currently going through a divorce you’re going to have questions about the child report and you should talk to a military divorce lawyer such as the ones available at Robinson & Hadeed.
The military member service relief act says that in any child support case a spouse must perform a name search at the Department of Defense Manpower Data Center, which will show them whether the spouse is on active duty. If your spouse is active-duty and you do not know where they are you can access the worldwide military locator service upon the active member of the military, and therefore ensure that they receive the divorce papers and they are served in a timely manner. Furthermore according to the military member service relief act simply serving divorce papers or a child order is not going to be sufficient. You must take steps to find the person and ensure they know they are being divorced in a reasonable time.
When a parent is in the military they are the most likely parent to be ordered to pay child support and this is true no matter who has custody of a child, even if they do not have custody of the child. Child support payments like always are going to be calculated based on the income of the parents, and calculating child support payments can take some time. Military parents are going to make interim child support payments to keep up-to-date with their payments before they are issued a formal order.
If a military parent makes these interim payments the civilian is allowed to send a notice to the military parents commanding officer, and this commanding officer can then punish the servicemember for failing to make payments as ordered. Punishment can be a decrease in pay or extra duty at rounds. The commanding officer cannot make the service member pay and can only punish them for not paying.
After the court finally ordered child support payments, the interim child support payments are going to be overridden by this court order. If the service member has missed several months of child support the civilian should go to the court to try to enforce a child support order, and of course, if the court orders wage garnishment to ensure the child support is paid to civilian custodial parent can send the order to the Defense finance and accounting service and they will ensure that military parents set up the amount of money that they need to have withdrawn or that the court-ordered removed.
