When a parent is going through a divorce with a military service member, the manner in which child support is determined and collected is an important consideration. While the Texas child support guidelines will generally be used by the courts to determine the amount of child support, people should make certain the judge understands how the pay may change with deployments as well as additional benefits the service member receives.
Prior to obtaining a child support order from a Texas family law court, the parent may collect child support from their spouse based on their military service. All military members are required to support their children, and each branch has its own guidelines regarding the amount that should be paid. The parent may contact the legal assistance division of the branch or speak with the military service member’s commanding officer in order to start collecting child support.
After receiving a child support order from the state court providing for wage garnishment, the parent will then want to take it to Defense Finance and Accounting Service, or DFAS. The order must be in the correct form, and a JAG officer may provide guidance if the divorce order is deemed not enough to initiate the garnishment.
A military divorce often involves additional considerations beyond those of civilian divorce cases. People who are divorcing a military service member may benefit by seeking the help of a family law attorney who is familiar with how the military handles these matters. They may take steps to ensure their clients are able to obtain the needed child support garnishments as well as any owed pay based on their spouse’s years of service. Military divorces can be highly complex, and an attorney may be better able to make certain their client’s rights and interests are protected.