Committing to military service comes with numerous benefits. Access to TriCare health insurance, housing stipends and military pension benefits can make a military career beneficial for a service member and their family.
When service members divorce or separate from romantic partners with whom they share children, they may be responsible for child support. For those currently stationed in Texas, Texas statutes may govern the amount of support ordered.
The Texas family courts typically look at specific details, including the income of both parents and how they share parenting time, to determine how much child support is appropriate.
Military service members often have fluctuating pay. They may receive hazard or combat zone pay during deployment. They may receive living allowances, which may change as the family unit shifts.
How do the Texas family courts account for the irregularity of military pay when determining how much child support is appropriate?
The courts employ a big-picture perspective
When determining child support obligations, the Texas family courts must look at the recent verifiable income of both parents, as well as any valuable assets in the name of either parent. They consider the unique expenses related to children’s needs and the number of children in the family.
The income of both parents is another key factor. Under current Texas statutes, the courts look at all sources of income, including hazard pay and living allowances. They try to establish a baseline average income amount that accounts for fluctuations in income appropriately.
The calculations focus on creating an accurate estimate based on recent pay. The funds received for housing and other living expenses are part of the income calculation. The temporary nature of combat zone pay may limit its influence on the final income amount used to calculate support obligations, but the courts may consider it a temporary increase of base earning potential, much like they may account for the sporadic nature of overtime wages for non-exempt employees.
Military service members anticipating a request for child support and co-parents of service members may need help reviewing financial evidence and presenting their case effectively in Texas family court.
Thorough documentation and adequate representation are both important in contested child support cases. Having legal guidance can help ensure that all terms set are reasonable and appropriate.
