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Military Divorce & Child Support

January 25, 2022

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A father in the military holds his smiling son close to him

Military Divorce & Child Support: What To Know

A divorce when one or both spouses are in the military presents additional challenges that civilian spouses going through a divorce don’t need to worry about. From the division of assets to calculating child support payments, military divorce and child support cases can be overwhelming for the involved parties.  

As experienced lawyers in military divorce and child support laws, the family law team at Dowden & Smith are here for you in your time of need. Whether you’re stationed in the U.S. or serving overseas, you can trust our compassionate and experienced attorneys to protect your best interests. Contact our team today and schedule a free consultation.

How Child Support Works in Military Divorces

Daughter hugs her military father from behindDespite a few differences in how payments are determined and branch-specific rules, child support in a military divorce essentially works the same as in a civilian divorce. Unless an agreement is reached between both parties, a court will decide the amount of support to be paid.

A military divorce and child support case can cause you to stay awake at night, wondering what needs to be done next. If you’re a military parent, you could be worrying about if your deployment affects your case or if your branch has specific rules. Take out the worry when you work with our attorneys who are experienced in military divorce and child support. Call us today at 337-238-2899 for honest and compassionate legal advice.

[Related: Military Divorce in Louisiana]

Husband and wife discuss child support after a military divorceHow Child Support Payments Are Determined in a Military Divorce

Some of the differences that come with military divorce & child support include how support payments are calculated. When calculating the amount a military spouse must pay for child support, leave and earning statements (LES) must be used. Along with using LES, basic allowance for housing (BAH) is also included when calculating payments for military divorce and child support cases.

[Related: Grounds for Divorce in Louisiana]

Military Divorce Child Support Garnishments

In the event of a military divorce and child support case, the service member must pay child support payments in a timely manner. In some cases, the court may enforce child support payments by garnishing the service member’s wages, taking the required amount directly out of their pay.

The garnishment order is sent to the Defense Finance Accounting Service (DFAS), bypassing the military chain of command. While DFAS can garnish the service member’s wages, there are limits on the amount that can be taken for child support.

If you’re going through a military divorce and child support case, contacting the experienced and compassionate family law attorneys at Dowden & Smith is your best bet for protecting your rights and interests. Call us today at 337-238-2899 and schedule a free consultation.

Disclaimer

The contents of this website do not constitute legal advice. The information contained on this site is for general information only and should not be applied to any specific situation. Any use of the site does not create or constitute a client-lawyer relationship between Dowden & Smith and the user of the site. If you require legal advice, consult with an experienced attorney.

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