Child Support and Military Service: What Parents Need to Know

Child Support in Military Divorce

Child support is a court-ordered payment from one parent to the other for the financial support of their children. In military divorce, child support involves unique considerations including military pay structures, BAH, deployments, and interstate enforcement.

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How Child Support Is Calculated

Each state has its own child support guidelines, but most use an "income shares" model — the child receives the same proportion of parental income they would have received if the parents lived together.

Basic steps

1. Determine each parent's gross income
2. Combine the incomes
3. Find the basic child support obligation from the state's guidelines table
4. Divide the obligation proportionally based on each parent's income share
5. Adjust for parenting time, healthcare, and childcare costs

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What Counts as Military Income for Child Support?

For child support purposes, the service member's income includes:

• Basic Pay — The base salary by rank and time in service
• Basic Allowance for Housing (BAH) — Including BAH-with-dependents
• Basic Allowance for Subsistence (BAS) — Food allowance
• Special Pays — Flight pay, hazardous duty pay, deployment pay
• Bonuses — Reenlistment and retention bonuses (may be prorated)
• Military retired pay — If the service member is retired
• VA disability compensation — Most states include this as income for child support

Important

BAH and BAS are not automatically taxed, but they are considered income for child support purposes. This can significantly increase the service member's total income for calculation purposes.

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BAH and the Support Obligation

The military has its own support requirements under DoD Instruction 1344.01 and branch-specific regulations:

• Each branch requires service members to provide adequate support for dependents when separated
• These requirements are interim — they apply until a court order is in place
• Once a court issues a child support order, the court order supersedes the military requirement

Branch-specific interim support

• Army: BAH II with dependents rate, or per agreement
• Navy: BAH with dependents rate
• Air Force: Specific table based on pay grade and dependents
• Marine Corps: BAH with dependents rate, or per agreement
• Coast Guard: Specific amounts by pay grade

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Deployments and Child Support

Deployments create unique challenges:

During deployment

• Income may increase (combat pay, family separation allowance)
• The service member cannot modify the order while deployed (under SCRA — see below)
• Child support continues to accrue during deployment

After deployment

• Income decreases when special pays end
• The service member can seek modification based on income reduction

The SCRA and child support

The Servicemembers Civil Relief Act (SCRA) provides protections:

• A service member can request a stay of proceedings during deployment
• Default judgments are restricted
• However, child support obligations do not pause — they continue to accrue

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Interstate Child Support Enforcement (UIFSA)

Military families often live in different states, creating jurisdictional questions. The Uniform Interstate Family Support Act (UIFSA) governs interstate child support:

• Only one state has jurisdiction over a child support order at a time
• Orders can be enforced across state lines
• Modifications require meeting specific UIFSA criteria

Key point

If the service member is stationed in one state but the child lives in another, UIFSA determines which state's guidelines apply.

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Child Support and Military Retirement

If the service member is retired, child support is calculated based on:

• Military retired pay
• VA disability compensation (if any)
• Civilian employment income
• Other retirement income

DFAS garnishment

Child support can be garnished directly from military retired pay via DFAS. The service member must be notified, and the court order must be registered with DFAS.

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Modifying Child Support

Child support can be modified when there is a substantial change in circumstances:

• Change in income (promotion, demotion, retirement)
• Change in custody or parenting time
• Change in the child's needs
• Deployment or return from deployment
• Disability rating changes

Timeframe

Most states require a significant change (often 15-20% or more) before granting modification.

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Child Support Example

Scenario: A service member (E-6) with two children, stationed at a base in Texas. The non-military spouse earns $2,500/month.

Service member's monthly income

• Basic Pay: $4,200
• BAH (with dependents): $1,800
• BAS: $400
• Total: $6,400/month

Texas income shares calculation (approximate)

• Combined income: $8,900/month
• Basic obligation for two children: ~$1,800/month
• Service member's share: ($6,400/$8,900) × $1,800 = $1,294/month
• Plus proportional share of healthcare and childcare

This is a simplified example. Actual amounts vary by state, parenting time, and specific circumstances.

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Frequently Asked Questions

Can child support be taken from my military retirement?

Yes. DFAS can garnish retired pay for child support. The court order must be registered with DFAS.

Does BAH count as income for child support?

Yes. BAH — including BAH-with-dependents — is considered income for child support calculations.

Can I stop paying child support during deployment?

No. Child support obligations continue during deployment. The SCRA may delay proceedings but does not pause the obligation.

Can my ex-spouse get my VA disability for child support?

VA disability compensation is generally not divisible as property but can be counted as income for child support calculations in most states.

What if I'm deployed and can't attend court?

The SCRA allows service members to request a stay of proceedings. Contact your JAG office or an attorney immediately.

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Next Steps

1. Take the Free Assessment — Our AI-powered Veteran Divorce Financial Assessment analyzes your support situation.
2. Use the Child Support Estimator — Estimate support amounts with our child support calculator.
3. Schedule a Strategy Session — Get expert guidance on support calculations and negotiations.

Protect Your Benefits. Protect Your Retirement. Protect Your Next Chapter.

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Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific circumstances.