Custody + Child Support

Child Custody

Many myths surround custody and military parents, including the myth that a military parent cannot have primary custody of a child. This is simply not true. Each state provides guidelines for custody arrangements and many states require parents to develop a plan that is flexible enough to meet the job demands of each parent, in addition to the needs of the child.

When military parents are developing a custody plan, they should keep in mind the age of the children, what will happen when the service member deploys, what will happen when the service member returns from deployment, and what the visitation schedule will be like if the service member transfers out of the state or out of the country. When developing a custody plan, try to think beyond the current living situation and age of your child. Custody plans can change based on a change in circumstances, including age of child, new job for either parent, remarriage of either parent, or any other criteria your state permits.

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Federal and state laws impose responsibility on both parents to financially support their children. Child support proceedings can generally be initiated through the local child support enforcement agency where the custodial parent and child reside. Child support calculations vary by state and may take into consideration the number of dependent children, special needs of the children, number of overnight visits the child has with the non-custodial parent, and/or shared custody arrangements, etc. A family law attorney or child support enforcement agency representative can provide guidance on the child support guidelines in your state.

If there is no court order for child support, or written agreement between the parents, each Service has regulations which require service members to provide "adequate support" to family members. Family support guidelines  vary by Service and can help reduce financial strain until a child support order is finalized.

Garnishment orders can be enforced within the military. Garnishment means the child support court order directs the employer (in this case, the military) to deduct child support directly from the service member's paycheck each month. The garnishment order must be served on the Defense Finance and Accounting Service (DFAS).

Once a garnishment order has been established, it can only be stopped or changed by a written instruction in the original court order or through a subsequent court order directing DFAS to stop or change the current deduction.

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