I am active-duty military. Will this status affect my child support in my upcoming divorce?

A military divorce is governed by certain military laws that differ from those governing a civilian divorce. In the case of child support in a military divorce, a calculator is used to determine the amount of child support payments. The calculation is based on the military member's income, the spouse's income, the length of the marriage as well as factors specific to the case.

Child Support in a Military Divorce

Just as in a civilian divorce, laws governing a military divorce require military members to provide support for their children and spouses. If divorcing military personnel refuse to provide support, their wages can be garnished. Child support cannot be more than 60 percent of the military member's pay and benefits. If a dispute arise regarding military child support, a military court will preside over the case.

Military Divorce vs. Civilian Divorce

A military divorce differs in several ways from a civilian divorce. The following laws are specific to a military divorce:

• The military laws specify division of pensions, residency requirements as well as certain legal protections.
• The Service Members Civil Relief Act provides military members certain protections during a divorce. Divorce proceedings may be delayed to ensure that the military members can serve their duties in full. Therefore a divorce proceeding may be delayed until sixty days following completion of the member's active duty.
• A spouse of a military member seeking a divorce while the military member is on active duty must serve him or her with a divorce petition for a state court to retain jurisdiction. If the military spouse is overseas at war, the civilian spouse may request that military authorities serve him or her overseas. If services of divorce papers is denied, the civilian spouse may have the military spouse served through the court system. Also, the spouse may want to wait until the military member returns to the states to serve the papers.

If you have questions regarding military child support, talk with an attorney experienced with military divorce laws.