When military parents decide to file for divorce, they typically have to face more stumbling blocks than most other parents. Many people believe that a military parent will never be awarded primary child custody federal and state child custody laws also govern military families in Texas. The problems associated with child custody and military parents come in when parenting and visitation plans have to be drafted. When it comes to child support, though, the military has regulations for cases in which there are no child support orders in place.
Due to the nature of their jobs, there are multiple circumstances to consider when drawing up custody plans. These include deployment of one -- or both -- parents, and also the return of parents from deployment. The possibility of one parent's transfer to another state or country must also be considered. Parenting plans must include provisions for modifications in the future to accommodate changing ages of children, change of employment of a parent, remarriage, and more -- as allowed under applicable law.
Similar to federal and state laws that expect parents to take financial responsibility to support their children, military regulations require service members to provide sufficient support to their families. When one parent is deployed, a situation may arise in which a court ordered child support order -- or written agreement -- has not been established, and these military regulations will come into play. Child support will be calculated according to state laws, considering how many dependent children a service member has, and whether any of the children has special needs. Custody arrangements and how a child's time is shared between parents may also factor into the calculation of child support.
Child support can be enforced by serving the military with a garnishing order to be deducted from a service member's monthly paycheck. Combined with the stresses associated with military service, child custody, parenting plans and child support issues may be overwhelming. Fortunately, there are Texas attorneys who are experienced in military family law, and capable of guiding divorcing military spouses through all aspects of divorce.
Source: militaryfamily.org, "Custody and Child Support", Accessed on July 2, 2015