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When Staff Sergeant James returned from an 8-month deployment overseas, he expected the hardest part to be adjusting to life back home. Instead, it was the letter waiting in his mailbox—a notice that his child support order no longer matched his new military pay and deployment schedule. Suddenly, duty, finances, and family collided in a way no training could prepare him for. Stories like his are exactly why understanding How Military Duty Affects Texas Child Support Modifications matters so much for service members and their families.
Military parents across Texas often discover that deployment, reassignment, or changes in income can quickly complicate child support obligations. Under the Texas Family Code, particularly §153.002 (best interest of the child) and §156.401 (modification after substantial change), courts must balance fairness with family stability. That balance becomes even more delicate when a parent’s military responsibilities demand sacrifice, time away, and unpredictable pay adjustments.
At The Law Office of Bryan Fagan, PLLC, founded by Bryan Joseph Fagan, a South Texas College of Law graduate and leading authority on Texas custody and support law, we understand the strain military families face when service meets family responsibility. Guided by our mission to empower people to reclaim freedom and peace of mind during life’s hardest transitions, we provide compassionate counsel and practical legal solutions that simplify complexity and protect what matters most.
If you’re a Texas service member—or co-parent of one—this article will help you navigate how military service, deployment, and income changes influence child support in Texas. Because no one who serves their country should feel unprepared when it comes to serving their family.
Key Takeaways
- Temporary orders during military deployment are essential to ensure the child’s needs are met and require consent from both parents while safeguarding parental rights.
- Legal protections under federal and Texas law, such as the Servicemembers Civil Relief Act, assist service members in managing child support and custody obligations during deployment.
- Changes in military income due to deployment can impact child support calculations, requiring service members to proactively communicate and potentially adjust their financial obligations.
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Understanding Temporary Orders During Military Deployment
Temporary custody orders during deployment play a vital role in ensuring a child’s stability when a military parent must fulfill their service duties. How Military Duty Affects Texas Child Support Modifications often extends beyond finances—it also touches on parental rights, responsibilities, and the emotional security of children during times of deployment. Under Texas Family Code §153.702–§153.709, courts may issue temporary custody and visitation orders that preserve parental relationships while safeguarding the child’s best interests.
These temporary orders allow the deploying parent to designate a trusted caregiver—often a relative—to exercise visitation rights or make day-to-day decisions in their absence. Both parents are encouraged to agree on these arrangements whenever possible; however, if consensus cannot be reached, the court will intervene to establish a legally binding order that prioritizes the child’s welfare. The process is designed to maintain a child’s consistent care and access to both parents, minimizing disruption during a deployment.
In addition to custody concerns, deployment may also trigger necessary adjustments in child support. Recent updates to the Texas Family Code §154.125(a-1) increased the child support guideline cap to reflect higher net monthly resources, now set at $11,700 as of September 1, 2025. This change ensures fairness in cases where deployment affects a service member’s pay structure, including housing, hazard, or combat allowances. Military parents navigating these transitions can find detailed legal guidance in the article Texas Child Support Resource.
For service members and their families, understanding both the legal and emotional dimensions of these temporary orders is essential. The attorneys at The Law Office of Bryan Fagan, PLLC approach every case with the compassion and precision military families deserve—helping parents maintain their rights, meet their obligations, and protect their children’s sense of stability. For further insight into how deployment impacts family life, visit Can Wives Go on Deployment? for a thoughtful exploration of military family dynamics and support under Texas law.
Temporary Custody Adjustments
Temporary custody adjustments are crucial for military parents preparing for deployment. Service members can request modifications to child custody due to deployment, ensuring the child’s needs are met while the parent is on duty. If both parents cannot agree on these arrangements, the court will make custody decisions in the child’s best interest.
An advantage of temporary custody adjustments is that:
- They do not require proof of a substantial change of circumstances, simplifying the process for service members.
- The court prioritizes the child’s well-being.
- The court can include provisions for visitation during the parent’s deployment, maintaining parent-child contact. This may involve a temporary modification to the existing custody arrangement, reflecting temporary changes in circumstances.
Communication is vital for temporary custody adjustments. Service members should establish a communication plan to stay in touch with their children during deployment. Including provisions for regular communication in temporary orders helps maintain a strong parent-child relationship despite the substantial distance.
Impact on Child Support Payments
Changes in a military parent’s income during deployment may temporarily alter child support obligations. Deployment can significantly impact these payments, so staying informed about potential modifications is crucial. Understanding these changes helps maintain compliance with child support regulations during and after deployment.
Communicating income changes to the appropriate authorities ensures that child support payments are adjusted accordingly, maintaining the child’s well-being and avoiding financial misunderstandings.
Being proactive and informed about financial obligations can make a significant difference during deployment.
Legal Protections Under State and Federal Law
State and federal protections work together to safeguard service members navigating custody and support issues during deployment. Understanding How Military Duty Affects Texas Child Support Modifications is crucial for parents balancing their duty to serve with their responsibility to support their children. The Servicemembers Civil Relief Act (SCRA) shields active-duty members from default judgments and financial penalties when military service limits their ability to appear in court, while the HEROES program through the Texas Office of the Attorney General provides direct assistance for managing child support obligations while deployed.
Under the Texas Family Code §156.401, military parents may seek a modification when deployment or income changes create a “material and substantial change in circumstances.” Additionally, §153.702–§153.709 allows courts to issue temporary custody orders during deployment, enabling parents to designate a caregiver while protecting their parental rights. With the updated Texas Family Code §154.125(a-1) raising the net monthly resource cap to $11,700 as of September 1, 2025, Texas law now better reflects modern income realities for service members with variable pay, such as BAH or combat pay.
When service duties disrupt parenting time, Texas courts can restore balance through make-up visitation or modified schedules once the service member returns home. The article How Can I Make Up the Time Lost With My Child During Deployment? offers guidance on reconnecting after deployment, while the Texas Child Support Resource provides clarity on managing support obligations. At The Law Office of Bryan Fagan, PLLC, our legal team helps Texas military families navigate these transitions with compassion, precision, and unwavering commitment to protecting both parental rights and children’s stability.
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) offers financial and legal protections for service members and their families during active duty. Many assume their child support obligations are automatically suspended during deployment, leading to legal issues. Changes in income, such as combat zone pay, can influence child support calculations.
Deployment-related pay changes can prompt a reassessment of child support payments. Service members must realize that financial obligations do not pause automatically and should address any material and substantial change in income proactively. This prevents legal complications and ensures compliance with child support regulations.
Texas Family Code Provisions
The Texas Family Code addresses custody, visitation, and child support orders during military deployment. When the non-custodial parent is deployed, the other parent has the exclusive right to designate the child’s primary residence, ensuring stability during the service member’s absence.
Under SCRA, service members cannot be penalized for failing to pay child support during military deployment. The Texas Family Code defines deployment as a temporary transfer to another location for military operation, protecting the rights and responsibilities of military parents and their military service and military duty.
Calculating Child Support with Military Pay
Calculating child support with military pay requires a thorough understanding of how Texas courts assess income from multiple sources. How Military Duty Affects Texas Child Support Modifications often depends on the service member’s full compensation package, which includes base pay, allowances, and special duty pay. Under Texas Family Code §154.062, courts must consider all forms of income—such as Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), Cost-of-Living Adjustments (COLA), and bonuses—when determining “net resources” for child support. This ensures a fair and accurate calculation that reflects both the parent’s financial capacity and the child’s needs.
Because military compensation can change during deployment, many service members struggle to predict how those shifts affect their child support obligations. For instance, temporary increases like combat pay or tax exemptions may cause fluctuations that lead to overpayment or underpayment if not promptly reviewed. Under Texas Family Code §156.401, a “material and substantial change in circumstances”—including deployment or income variation—justifies requesting a modification to align support with current financial conditions. Staying proactive helps prevent complications and ensures compliance with court orders.
At The Law Office of Bryan Fagan, PLLC, our attorneys help Texas service members understand how deployment, relocation, and income adjustments impact child support. We combine compassionate guidance with deep knowledge of Texas family law to simplify complex financial matters for military families. To learn more about how deployment influences support obligations, visit Military Deployment and Family Law in Texas, or explore our Texas Child Support Resource for additional guidance.
Regular vs. Special Pay
In Texas, regular military pay consists primarily of a base salary, while special pay includes additional compensation for duties like combat pay, which is not taxed. Regular military salary is typically considered for child support calculations, but special pay may be treated differently, potentially leading to higher support amounts.
Understanding the distinction between regular and special pay is crucial for accurate child support calculations. Service members need to know how each type of pay affects their obligations to avoid overpaying or underpaying child support.
Adjustments Based on Income Changes
Income changes due to deployment can lead to modifications in child support payments. Deployments causing income fluctuations may necessitate adjustments to existing agreements in Texas. The Texas Family Code allows for expedited reviews of child support orders if deployment affects a service member’s income.
Understanding how income changes impact child support calculations and child support guidelines ensures obligations are fair and reflect current financial situations. Seeking legal advice can clarify these adjustments and prevent potential issues.
Preparing for Deployment: Steps for Service Members
Preparing for deployment is more than a logistical mission—it’s a legal and emotional one. Understanding How Military Duty Affects Texas Child Support Modifications is essential for service members who want to ensure their children’s needs are met and their parental rights remain protected while they serve. Under Texas Family Code §156.401, a parent may request a child support modification if deployment or income changes create a “material and substantial change in circumstances.” Additionally, §153.702–§153.709 provides a legal framework for temporary custody orders during deployment, allowing military parents to designate a caregiver and maintain stability for their children.
Legal preparation is vital before any deployment. Reviewing existing custody and support orders, updating powers of attorney, and ensuring clear documentation can prevent confusion and costly disputes while abroad. Establishing open communication with the co-parent also strengthens compliance with court orders and helps both parties understand their rights and responsibilities under Texas law.
At The Law Office of Bryan Fagan, PLLC, we guide service members through every stage of deployment planning with compassion and precision. Our attorneys help families establish secure legal arrangements that protect children and reduce stress during active service. For insight into the unique challenges military families face, visit Challenges Facing Military Families During Deployment and Custody. You can also explore our Texas Child Support Resource to better understand how the latest updates to the Texas Family Code impact your obligations and rights as a parent serving in the military.
Documentation and Legal Preparations
Gathering relevant documents, such as custody agreements and financial records, is crucial for facilitating child support and custody modifications during deployment. Military parents often overlook proper documentation, leading to complications. Consulting a legal advisor can clarify rights and responsibilities regarding support adjustments.
The HEROES program provides legal support for service members dealing with child support issues. Reviewing and possibly updating existing custody and support order to reflect deployment can help avoid legal complications.
Communication Plans
Establishing a clear communication plan with the other parent ensures custody arrangements are understood and followed during deployment. Regular communication helps maintain compliance and meets the child’s needs.
Deployed parents can communicate with their children electronically through video calls, but this must be included in the temporary order or requested from the court. Including provisions for electronic communication in temporary orders helps maintain the parent-child relationship during deployment.
Post-Deployment Considerations
When deployment ends, Texas law provides a clear process for restoring pre-deployment custody and support arrangements. Understanding How Military Duty Affects Texas Child Support Modifications is vital for service members returning home, as temporary custody and visitation changes made under Texas Family Code §153.702–§153.709 are designed to be reversible. Once the deployment concludes, prior court orders typically resume automatically, ensuring continuity and protecting the returning parent’s rights. However, if circumstances have changed—such as a shift in income or the child’s needs—either parent can seek a modification under §156.401, which allows for adjustments when there’s a “material and substantial change in circumstances.”
Returning parents also have the opportunity to request make-up visitation or additional parenting time to restore the bond and compensate for time lost while deployed. Texas courts encourage arrangements that serve the child’s best interests under §153.002, prioritizing stability and meaningful relationships with both parents.
At The Law Office of Bryan Fagan, PLLC, our attorneys help military families smoothly transition back into civilian life by reinstating or modifying court orders as needed. We understand the emotional and legal challenges that follow deployment and provide guidance rooted in both compassion and legal precision. For deeper insight into these family law dynamics, visit Child Custody and Visitation Challenges for Military Families or explore our Texas Child Support Resource to stay informed about your rights under the latest Texas Family Code updates.
Reverting to Original Orders
Temporary orders cease, and a prior order court order is reinstated automatically when a service member returns from deployment. This ensures the child’s living situation returns to its pre-deployment state, providing stability and consistency.
Reinstating prior custody and support agreements is typically straightforward unless new evidence suggests a change is in the child’s best interest. Understanding this process helps service members plan for their return and ensures a smooth transition.
Requesting Additional Visitation
Parents may seek extra visitation time to compensate for time lost during deployment and may request to award additional periods of visitation after deployment. Parents can request adjustments to visitation arrangements by filing a motion with the court.
Requesting extra visitation time may require legal documentation to support the claim. Understanding this process helps ensure the parent-child relationships are maintained and strengthened after deployment.
Common Mistakes and How to Avoid Them
Military parents often make common mistakes regarding child support obligations during deployment. Failing to notify the court about deployment can lead to legal complications. Misunderstanding income adjustments during deployment can result in overpayment or underpayment.
Being proactive and seeking legal advice helps service members avoid these pitfalls and ensures child support obligations are accurately assessed.
Failing to Notify the Court
Military parents must inform the court about their military status and deployment status. Failure to do so can lead to unfavorable legal consequences and misunderstandings regarding child support obligations for military families. Notifying the court ensures necessary adjustments are made, preventing potential legal issues.
Misunderstanding Income Adjustments
Misunderstanding how income adjustments due to deployment affect child support calculations is a common mistake. Changes in military compensation, such as combat pay and special allowances, can significantly impact obligations. Service members need to understand these changes to avoid overpayment or underpayment.
To avoid misunderstandings, service members in the armed forces should seek legal counsel and verify the impact of income changes on child support calculations. Legal advisors can clarify how various forms of military pay should be calculated, ensuring obligations are accurately assessed.
Conclusion:
When military service intersects with family life, the balance between duty and home can feel impossible to maintain. But the truth is—you don’t have to navigate that balance alone. Understanding how Texas law approaches military child support modifications gives you more than legal clarity; it gives you peace of mind and the power to plan for your family’s future with confidence.
At The Law Office of Bryan Fagan, PLLC, we believe that protecting your rights shouldn’t come at the cost of your family’s stability. Whether you’re preparing for deployment, returning home, or simply trying to make sense of a support order that no longer fits your life, our team is here to guide you with compassion, experience, and respect. We’ll help you simplify the legal process, so you can focus on what truly matters—your child’s well-being and your family’s future.
If you’re a service member or co-parent with questions about child support or custody in Texas, consider this your invitation to reach out. The first conversation could be the one that brings clarity, calm, and direction to a chapter that once felt overwhelming. After all, you’ve already handled the toughest missions—this one just takes the right support team by your side.
Frequently Asked Questions
Child support is determined by state law, not the military. For service members, the Defense Finance and Accounting Service (DFAS) can process wage garnishments or voluntary allotments when there’s a valid court or administrative order. Some branches may require interim family support, but a Texas court order governs the actual amount, enforcement, and any modification.
The biggest mistake is failing to co-parent cooperatively. Texas courts focus on the best interest of the child (Texas Family Code §153.002) and favor parents who encourage the child’s relationship with both parents, follow court orders, and minimize conflict. Refusing to communicate, disparaging the other parent, or ignoring court directives can severely hurt your credibility.
Military service alone doesn’t determine custody. Texas courts still apply the best-interest standard, using temporary orders during deployment so that service members can maintain parental rights. Under Texas Family Code §153.704, a deployed parent can designate a relative or trusted caregiver, and electronic visitation ensures continued contact.
As of September 1, 2025, the state increased the maximum cap on net monthly resources from $9,200 to $11,700. While percentage guidelines remain unchanged, higher-earning parents—especially military members—may see an increase in their calculated support amounts. This change aims to ensure child support keeps pace with modern income levels.
Deployment doesn’t pause or suspend child support automatically. If income changes—due to combat pay, hazard pay, or other temporary allowances—a service member can request a modification based on a “material and substantial change.” The Servicemembers Civil Relief Act (SCRA) can delay proceedings if duty prevents participation, but the obligation itself continues.
VA disability benefits can count as income for child support purposes in Texas. While federal law restricts direct garnishment, state courts can still enforce payment through other means, including contempt proceedings or liens. If disability payments significantly change your income, you can seek a modification to adjust your support accordingly.
Behaviors that harm a child’s stability or show poor judgment—such as denying visitation, engaging in substance abuse, exposing the child to conflict, or violating court orders—reflect negatively. Courts value consistent, responsible parenting, so demonstrating reliability and cooperation is key to maintaining credibility.
The so-called “777 rule” isn’t part of Texas law. It’s an informal term for a “7/7” schedule, where parents alternate full weeks of parenting time. Texas courts use formal schedules, like the Standard Possession Order, but families can request a custom 50/50 arrangement that functions similarly to a 7/7 schedule.
“80/20 custody” is a common phrase meaning one parent has the child about 80% of the time, while the other has about 20%. Texas doesn’t use that terminology, but many Standard Possession Orders create a similar structure. Courts may also approve expanded or near-equal schedules if it serves the child’s best interest.
