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Child support requirements for military members

On Behalf of | Jul 27, 2022 | Child Support

According to federal law, individuals who are in the U.S. Armed Forces and military veterans are required to pay child support for their children whether or not they have custody. The military rules do not override Alabama’s rules when it comes to child support. This means active duty members and their spouses can only be granted a military divorce if the terms of the divorce are in keeping with state laws.

Written agreements

If the active duty member and the other parent of the child have a written child support agreement and a state court order is in effect, the military member must provide financial support for the child according to the court order and written agreement during the military divorce proceedings. If the parents don’t have an agreement, interim payments are established by the service member’s military branch until a court order is put in place.

Calculating child support

If you are not waiting during the military interim to determine how much child support you should pay or receive, the payments will be calculated according to income for the active duty member the same way it would be for a civilian.

The courts will decide how much the service member should pay based on their earnings. A number of resources, including a pay chart and earning statements, are used to establish the amount of the child support payments. Some military members also receive allowances based on the military’s Basic Allowance for Subsistence or Separate Rations or Basic Allowances for Housing.

Once the courts determine the military member’s earnings, all of their income from the year is divided by 12 to establish the amount the service member must pay each month in child support.

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