Establishing Child Support for Military Parents: A General Guide

Establishing Child Support for Military Parents: A General Guide

Child support is essential to ensuring that a child's financial needs are met after a separation or divorce. For military parents, child support calculations include income from all sources, not just military pay. Whether you receive basic pay, special allowances, or income from a second job or investments, the court will consider your total financial situation when determining support obligations. This blog provides a general overview of how child support is established, with Maryland as an example, and highlights the importance of having a military-focused attorney who understands the intricacies of military pay and benefits.

What Counts as Income for Child Support?

When determining child support, courts consider all sources of income, not just military income. This ensures that the child receives adequate support based on the parent’s total financial situation. Common income sources factored into child support include:

• Wages and Salary: This includes not only a military parent's basic pay but also income from civilian jobs, side businesses, or other employment.
• Military Benefits: Allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are considered part of a service member’s income, as are special duty pay and bonuses.
• Investment Income: Any income generated from investments, such as dividends or rental properties, is factored into child support.
• Disability Benefits: Military or civilian disability payments can also be included in the calculation of income for child support purposes.
• Other Sources: Additional income from pensions, retirement accounts, or Social Security benefits may also be considered.

This comprehensive approach ensures that the court has a full picture of the financial situation when determining support obligations.

How Child Support is Calculated Using General Guidelines (with Maryland as an Example)

Most states use a standardized formula to calculate child support, often referred to as the income shares model. This model assumes that both parents are responsible for providing financial support to the child, based on what they would have contributed if they were still living together. The key factors in this calculation include:

• Combined Parental Income: The total income of both parents is considered to estimate the amount that would have been spent on the child’s care and upbringing.
• Number of Children: The calculation is adjusted based on how many children need support.
• Custody Arrangement: Whether the child lives primarily with one parent or shares time equally between both parents impacts how much support is required.

For example, in Maryland, when sole custody is awarded to one parent, the non-custodial parent pays support based on a percentage of their income, relative to the total combined income of both parents. In shared custody cases, where the child spends more than 25% of overnights (at least 92 nights) per year with the non-custodial parent, Maryland applies a shared custody formula. This formula adjusts the child support obligation to reflect the financial responsibilities shared across two households. The more time the child spends with the non-custodial parent, the lower the support payment may be, but the focus remains on ensuring the child’s needs are met.

The IRS Rule for Claiming Children as Dependents

In addition to child support, it’s important to determine which parent will claim the child as a dependent for tax purposes. The IRS rule generally allows the custodial parent—the parent with whom the child lives the majority of the time—to claim the child as a dependent. However, parents can agree to alternate this benefit or allow the non-custodial parent to claim the child, provided it’s outlined in the custody or support agreement. Claiming the child as a dependent can provide significant tax benefits, so it’s important to clearly establish this in any child support or custody agreement.

Back Child Support and Arrears

If child support is not established promptly, arrears—or unpaid child support—may accumulate from the date of filing. This means that even if a formal support order is not issued immediately, the non-custodial parent may still owe child support retroactively to the filing date. For military parents, arrears can result in the garnishment of wages, including military pay, retirement benefits, and tax refunds. It is crucial to address child support as soon as possible to avoid falling into arrears.

Where to File: The Uniform Interstate Family Support Act (UIFSA)

For military parents stationed across state lines or overseas, determining where to file for child support is often a key concern. The Uniform Interstate Family Support Act (UIFSA) provides a framework for filing, modifying, and enforcing child support orders across state lines. Typically, the child’s home state—the state where the child has lived for the last six months—is the proper venue for filing child support. If one parent moves or is stationed in another state, UIFSA ensures that the original support order can still be enforced without needing to restart the case in a new jurisdiction.

Why You Need a Military-Focused Attorney

Child support cases involving military parents are often more complex due to the different types of military pay and benefits involved. A veteran military attorney can help you navigate these complexities, ensuring that all relevant income is considered and that the child support calculation is fair. Military attorneys also understand the intricacies of deployment, relocation, and the unique financial aspects of military life that may impact your case. Having an attorney with military experience means that you have an advocate who understands the system from the inside and can protect your interests throughout the process.

Call to Action

If you’re a military parent facing child support issues, it’s important to have an attorney who understands your unique situation. Our military-focused family law firm is here to help you navigate the complexities of child support, ensuring your rights are protected and your child receives the support they deserve. Contact us today to schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.