On behalf of South Tampa Law Group posted in child support on Saturday, January 19, 2019.
Those who are part of the U.S. military here in Florida have made a great sacrifice to the nation. They often experience a great deal more stress than civilians, and that can negatively impact their family life with many military marriages ending in divorce. When children are part of the equation, the question then becomes “how do I care for my children and honor my commitment to my country?” One out-of-state service member and his ex-wife are grappling with that very issue as they attempt to determine what amount of child support he will pay while he is deployed.
This member of the Air National Guard is about to be deployed to Qatar for 7 months. He and his ex-wife have two children. She has primary custody, and he has been making child support payments. His military income is uncertain at this time, and he will not be receiving income from his civilian job as a firefighter while he is out of the country. A judge granted him a temporary order that will allow him to stop paying child support while he is overseas.
His ex argues that her children will still need his income while he is away because the needs of children cannot be suspended. The judge in the case could decide to change the court order once the father starts receiving his military pay. She referenced the federal Service members Civil Relief Act, which is meant to give protections active duty military personnel. The ex-wife’s attorney says that this law isn’t clear on whether it applies to child support.
Whatever the outcome of this case, the children and their needs remain the most important part of it. Those service members here in Florida who are concerned about affording their child support payments may wish to consult an experienced attorney who specializes in military divorce and modification of child support agreements. Doing so can allow members of the military the best chance at taking care of their kids and serving their country at the same time.