You might have come across the child support guidelines. These guidelines differ from state to state, especially when for someone who is in the military. Members of the military have to divorce their spouses in civilian courts, abiding by civilian laws. When military spouses file a divorce, to support the kids financially, a child support award is provided.
If you are a military parent, it can be a complication to understand these awards and calculations. That’s because there are special rules that apply in this case. Military parents receive several allowances, which might not be seen as income by a civilian court when a sum for child support is established.
How Much Child Support Should You Receive?
To be practical, there is not a fixed amount which is that can be ample for child support, and this is the same for any case. However, if one parent is in the military, some rules exist as far as child support is concerned. A soldier has to provide monetary assistance to the members of his family.
If an agreement between the concerned parties or in that case, a court order is absent, AR 608 – 99 puts forward the interim support guidelines. If the soldier needs to give substantial monetary help to more than one dependent, the interim guidelines will help in a pro-rata distribution. An army man will have to provide support irrespective of whether they receive the Basic Allowance for Housing or not.
Child Support Awards
The civilian court sets the amount for child support based on the child support guidelines of the concerned state. According to the guidelines put forth by some states, a fixed percentage of the noncustodial parent’s earnings need to be set aside. In the majority of the states in America, the income of both parents is considered.
Aside from that, the family’s standard of living before the divorce will be taken into account to determine if they would be able to go ahead with the same rule while supporting their child. Usually, when both parents work in the army, the laws of the state in which a couple is a resident or divorced in would determine the child support amount. With that being said, parents can file a divorce in more than one state since the state laws tend to vary as far as jurisdiction over military members is concerned. To make matters simple, an army man can obtain a divorce in the state he is a resident of and also in the state where the army has posted him.
When Does Child Support Stop?
When you are working overseas, the law of the country will influence the child support rules that apply to you. However, if American law is taken into account, child support ends when the child turns eighteen or, in some cases, twenty-one. It can get an extension in some states through either high school graduation or college, which is again dependent on state law. The state law notwithstanding, a separation agreement can fix a particular date for child support to get over, either at the end of graduation or by the time the child turns twenty-one.
The Defense Finance and Accounting Service, the paying agency of the army, recognize child support orders. Thus, the state courts allow the garnishment of military pay to provide for child support. With that being said, federal law permits the garnishment of over 50 to 65 percent of the disposable earnings that a member of the military possesses.
An army man is allowed this 50 percent limit if he furnishes optimum proof that he is looking after the dependents other than those who are already receiving support. The 60 percent is applicable for those who can’t furnish evidence but, in reality, provides more than half of the support to the others who are dependent on him.
Most of the time, a court in the United States decides the sum for child support. A child support case is heard in the country the child is the resident of and not any other place elsewhere. If you want the lawsuit to be enforced in any other country, you should consider filing a divorce overseas. Whatever the case, bear in mind the consequences and don’t make reckless decisions!