How to Get Child Support from a Military Parent?
As a parent, one of the most important aspects of raising a child is ensuring they have the necessary financial support to thrive. When a military parent is involved, the process can be more complex due to the unique circumstances of military life. In this article, we will provide you with a step-by-step guide on how to get child support from a military parent.
Understanding the Basics
Before we dive into the specifics, it’s essential to understand the basics of child support for military parents. The Uniform Child Custody Jurisdiction Act (UCCJA) and the Servicemembers Civil Relief Act (SCRA) provide federal laws that govern child custody and support for military personnel. These laws aim to ensure that military parents continue to support their children while serving their country.
Step 1: File a Petition for Child Support
To initiate the child support process, you’ll need to file a petition with the court in the state where the military parent is stationed or has been stationed. You can also file in the state where the child resides. Be sure to include the following information in your petition:
- The military parent’s name, rank, and branch of service
- The child’s name, date of birth, and social security number
- The amount of child support you are requesting
- The duration of the requested child support
Step 2: Gather Essential Documents
To support your petition, you’ll need to gather the following essential documents:
- Court Orders: If you already have a court order related to child custody or visitation, be sure to attach a copy to your petition.
- Military Documents: Obtain the military parent’s DD Form 214 (discharge paperwork) and Certificate of Military Service. These documents will help the court determine the military parent’s income and availability.
- Financial Documents: Collect the military parent’s pay stubs, tax returns, and bank statements. These documents will help establish their income and financial status.
- Child Care Expenses: Keep records of child care expenses, such as daycare receipts, tuition statements, and medical bills.
Step 3: Determine the Military Parent’s Income
To determine the military parent’s income, you’ll need to consider the following factors:
- Basic Pay: Calculate the military parent’s base salary using the pay scale on the Defense Finance and Accounting Service (DFAS) website.
- Allowances: Add Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) to the military parent’s income.
- Bonuses: If the military parent receives Enlisted Bonus, Officer Bonus, or Special Duty Pay, you’ll need to include these amounts in the income calculation.
- Other Income: Consider any additional income, such as dividends, interest, or self-employment income.
Step 4: Calculate the Child Support Amount
Once you have determined the military parent’s income, you can calculate the child support amount using the following factors:
- Child Support Guidelines: Use the state’s child support guidelines or the Federal Child Support Guidelines to determine the child support amount.
- Income Shares Model: This model calculates child support based on the percentage of the military parent’s income.
- Other Factors: Consider other factors that may impact the child support amount, such as the child’s age, special needs, and the financial situation of both parents.
Step 5: Negotiate with the Military Parent
Before the court makes a decision, you may want to try negotiating with the military parent. Mediation and collaborative law are two alternative dispute resolution methods that can help you reach a mutually acceptable agreement.
Step 6: Enforce the Child Support Order
Once the court has issued a child support order, it’s essential to ensure enforcement. You can do this by:
- garnishing the military parent’s pay
- offsetting federal benefits, such as Social Security, Veterans’ Disability, or Pension
- filing a lien on the military parent’s property
- seeking contempt proceedings if the military parent fails to comply with the child support order
Additional Tips and Considerations
- Keep the Military Parent Informed: Keep the military parent updated on any changes to your petition, court orders, or child support payments.
- Be Flexible: Be prepared to negotiate and compromise to reach a fair and reasonable child support arrangement.
- Seek Legal Advice: Consult with a family law attorney who has experience with military child support cases to ensure you’re properly represented.
Conclusion
Getting child support from a military parent requires a thoughtful and strategic approach. By following these steps, you can ensure that your child receives the financial support they need to thrive. Remember to stay informed, flexible, and prepared to navigate the unique challenges of military child support.
