Trying to collect child support in civil courts is difficult. Going through the steps for child support when the parent is in the military can be very confusing and complicated if you don't follow the steps completely. Here are some of the important steps to follow if you are in the middle of a divorce from a parent in the military in the states or abroad.
The first action to take is to file an "Income Withholding Order." This order is filed with the Defense, Finance and Accounting service which garnishes pay in order to start the support payments. This order form is the only written material that will start this process of withholding child support from the parent's wages. This order directs the Government to withhold support and allocate it for ordered payments.
A decree granted in the civil courts is not enough to start the garnishment of the service person's wages. The degree does not give the Government authorization needed to start withholding and allotting payment. The information needed on this form should include parent name (debtor) full legal name, social security number, branch of service in which he/she is employed, address where they can reach him/her, phone number and any other important information that will expedite the paperwork. Federal Parent Locator service may also be very useful. The DoH Locator Service is in operation and is accessed through the Federal Parent Locator Service. This service can provide home addresses for most service members. Unit addresses will be released for certain categories of service members, for example, those stationed overseas. You can request this information from the installation personnel officer where the member is assigned.
If your child's parent is required to provide health insurance, send a copy of this order to the military personnel, the Commanding Officer or First Sergeant and they will follow up and contact you with an answer or if they have any questions that need answering. Involuntary (mandatory) is a means to enforce child support payments from active duty personnel.
If the parent retires from the military, you can still receive child support payments. The Federal law does allow the Government to continue to garnish wages of both active and retired members of the service. There may be a break in a retired personnel's payment as the payments are paid through a different computer system. This could take up to 1-2 months. If you are receiving child support from a member of the service who is about to retire, notify the D.F.A.S. office as soon as possible.
It is important to obtain a qualified professional as you begin this process. This will be beneficial to have a knowledgeable person to deal with the special circumstances presented by the military, and help you understand your rights throughout this procedure. An attorney can also help you with the paperwork needed to file in the court system. If you decide to obtain an attorney, make sure he/she has experience with military child support affairs.
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