Does Military Status Impact Child Support?
Making sure your kids’ financial future is stable is one of your greatest concerns when divorcing. Florida statutes provide guidelines for determining an amount of child support, and the calculation is complex. When one of the parents is an active duty military member, that calculation can become even more complex.
The child support guidelines take into account things such as the income of each parent, the needs of the child, whether there are any special emotional or medical needs, and any child care expenses. You can ask the Court to deviate from the guidelines, but must present evidence in support of the deviation. When there is a parent on active military duty, the Court should consider:
● Any amount paid to the service member for a housing allowance.
● Any amount of BAS (basic amount for subsistence).
● Per diem payments.
● Health and disability benefits.
● Combat pay if your spouse is deployed to a war zone.
If your spouse is on active duty, you must advise your attorney of the above amounts. It is imperative these figures be taken into consideration when calculating an amount of child support. Leaving out any of these figures might result in an award that is lower than what your child deserves. Take the necessary steps to protect your children’s’ future by calling an attorney with experience in calculating child support.
For more information about divorce, and why the standard of living theory is important, call our office today. We listen to the facts of your case and give you accurate answers to your most important questions. The first visit is at a onetime flat fee. Call a qualified family law attorney in Stuart and the Treasure Coast to schedule an appointment.