While the state’s law normally governs child support matters, military member parents have special rules regarding child support and divorce cases. Specifically, the issuing of regular divorce papers or child support orders on military spouses aren’t enough. Instead, for child support cases, a spouse must show whether or not the other spouse is active in military duty or not. If the spouse is not sure about the other military member spouse’s location, he/she may use a military locator to determine the location. While a military spouse is on active duty in another location, the judge may appoint an attorney specialized in military divorce to represent the child’s other parent.
The laws of the state would determine child support. Each state has their own guidelines when it comes to determining child support amounts. The income of each parent is the central consideration for child support calculation.
When it comes to determining the military spouse’s income, it may require some extra work. Additionally, in some cases, children can be entitled to a military allowance and benefits of the parent’s service. The extra military benefits provided for the child and parent may impact the income of the parent to pay the child support.
Unfortunately, there are situations where a parent would be out of the military and unable to make court-ordered payments. In these cases, a withholding order can be applied for. When a parent isn’t a military member, courts may use enforcement of the law on the parent. For instance, the courts can withhold the parent’s income and use those funds to cover child support, or even order jail time for the parent in extreme cases.
A divorce proceeding involving at least one military member can be a little different from a standard divorce. Depending on your case, an experienced child support attorney Orlando specialized in military child support can be of service. The Law Office of Erin Morse is known for offering the best Family Law services in Orlando. We guarantee optimal outcomes from client cases through our premium services, skills, and experience in the market. Contact us now to schedule a consultation!