My Child’s Other Parent is on Active Duty in the Military. Can I Enforce a Child Support Order?
You can certainly enforce a child support order against a military person, regardless of where they are stationed—in the United States or abroad. Federal law allows the wages of active members of the military (as well as reservists and retired persons) to be garnished for the payment of child support. How Do I Get the Delinquent Military Parent’s Wages Garnished?
To have the military parent’s wages garnished for child support, you must get a court order that says the government must, as an employer, withhold the other parent’s pay and submit it to you. This order cannot merely be a child support order, because that only binds your child’s other parent. The order must be specifically directed at the government to withhold wages. These orders are sometimes known as Income Deduction Orders or Income Withholding Orders. What Happens if the Military Parent Retires?
Federal law allows the wages of active and retired members of the military to be garnished for child support payments. There may be a short break in payments (1-2 months) when the military member retires, because of incompatible computer systems. Do I Have Options Besides Garnishment to Enforce a Child Support Order?
If you are the custodial parent of a child for whom a support order has been granted and you have not gotten a garnishment order, you may be able to secure an involuntary allotment of the other parent’s pay. Do I Need a Lawyer for my Military Child Support Issue?
Because of the special circumstances of military life, it may be wise to consult with an experienced family attorney. Speaking with a family lawyer can help you understand your rights and help you deal with the complicated court system. |
