On behalf of Stange Law Firm, PC posted in Military Divorce on Monday, November 20, 2017.
Sometimes getting child support from a parent can be difficult. Illinois residents who are owed child support by someone who is in the military should be aware that the regulations and processes for calculating and obtaining child support differs from those that govern non-military parents.
The process for filing an order of child support against a parent in the military begins with first determining how much income the servicemember earns. This requires an examination of the attorney general tax chart, the military pay chart and the leave and earning statement, which can be compared to a W-2.
Once the servicemember’s earnings have been determined, the amount will be added to all of the incomes the servicemember receives. The military also permits certain allowances, such as extra income for clothing and housing, to be included in the pay that is used to calculate child support. That total figure should be divided by 12 to calculate the gross monthly income. That monthly amount is then applied to the attorney general tax chart to determine what percentage of the income should be applied as child support for a single child. That percentage is to be multiplied for however many dependent children are owed child support by the servicemember.
There are additional financial obligations servicemembers may have in addition to the child support payments calculated by the child support formula. Their dependent children are to be provided health insurance by the servicemember. There are also child care expenses that have to be paid.
A family law attorney who also practices military law may assist clients who want to pursue a military divorce. The attorney may engage in litigation to ensure that clients’ rights are protected and they are able to receive the child support, spousal support and retirement benefits to which they may be entitled.