Texas Child Support Military: A Complete Guide for Service Members

Have you ever had one of those moments where life feels like it shifts all at once—like the day a military parent gets unexpected orders, or when a family realizes that divorce is no longer a distant possibility but a reality happening right now? In an instant, routines change, emotions run high, and suddenly you’re trying to understand texas child support military laws while juggling the weight of a future that looks different than you imagined. These moments are overwhelming for any parent, and even more so when military life adds layers of complexity that civilian families never have to face.

At The Law Office of Bryan Fagan, PLLC, we see these moments every day. One father we served—an Air Force staff sergeant—came to us just days after receiving deployment orders and learning his marriage was ending. Between trying to arrange housing, preparing to leave the country, and worrying about how much time he’d have with his young daughter, he felt torn in every direction. What brought him relief wasn’t just legal answers; it was finally having someone explain, in clear and compassionate terms, how Texas child support and custody laws actually work for military parents.

Led by Bryan Joseph Fagan, a South Texas College of Law graduate and recognized authority on Texas divorce and custody law, our firm approaches every case through our Golden Circle: why we do this work, how we empower families, and what we provide to protect what matters most. Our mission is to give parents the confidence to move forward, grounded in the knowledge that Texas Family Code §153.002 guides courts to prioritize a child’s best interests—and that includes honoring the realities of military service, from unpredictable schedules to PCS moves and shifts in income.

As you continue reading, you’ll discover practical, legally sound guidance shaped by real-world experience with Texas military families. Most importantly, you’ll find reassurance that no matter how chaotic life feels today, you’re not alone—and there is a clear path forward.

Key Takeaways

• Texas child support military cases involve unique challenges—such as deployments, PCS moves, and fluctuating military pay—that require specialized legal analysis beyond civilian guidelines.
• Texas courts rely on the best-interest standard under Texas Family Code §153.002, ensuring that child support and parenting plans prioritize the child’s stability and well-being.
• Military income includes multiple components like base pay, BAH, and BAS, which courts may count as net resources when calculating child support.
• Temporary pays—such as combat pay or hazard pay—are often excluded so service members aren’t locked into unsustainable long-term obligations.
• Deployed or relocating parents have protections under Texas law and the Servicemembers Civil Relief Act (SCRA), helping prevent unfair default judgments or missed opportunities to participate in court proceedings.
• Properly structured custody and support orders can maintain consistency, reduce conflict, and strengthen parent-child relationships even during deployments or overseas assignments.
• The Law Office of Bryan Fagan, PLLC provides compassionate, experienced guidance to help military families navigate child support, custody, and modification issues with clarity and confidence.

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Understanding Texas Child Support Military Obligations

Texas child support cases involving military families follow the same statutory framework as civilian matters, yet the realities of military compensation make these situations far more complex. In texas child support military cases, courts must apply the Texas Family Code consistently while also accounting for the unique pay structures that service members rely on. Under Texas Family Code §154.062, “net resources” include not only base pay but also allowances such as BAH, BAS, and other recurring military entitlements. Judges must distinguish between stable income and temporary or deployment-based pays to ensure support orders reflect accurate, sustainable financial capacity.

Military parents often face challenges that civilian families never encounter. Deployments may last months or even years, creating significant but temporary changes in income and caregiving responsibilities. PCS relocations can alter cost of living, modify BAH rates, and disrupt visitation schedules. Military pay may include hazard pay, special duty pay, or location-based allowances that fluctuate due to assignment, rank changes, or active-duty status. For parents who may deploy overseas, questions about care arrangements, support obligations, or even whether spouses can accompany them—as discussed in our guide on whether wives can go on deployment—add additional layers of stress and uncertainty.

At this stage of the process, many families rely on the attorneys at this Houston-based family law firm for guidance. Our team routinely works with active-duty personnel, reservists, National Guard members, and retired service members, helping them navigate both Texas law and federal protections. These include the Servicemembers Civil Relief Act (SCRA), which can affect hearings and enforcement, and the intricate intersection of military pay rules with Texas Family Code §§154.001–154.309. Whether a service member earns a steady LES paycheck or faces fluctuating income due to deployment orders, our attorneys understand how to present accurate net-resource calculations to the court.

For families seeking deeper insight, our legal resource library—such as our article on Texas child support guidelines—offers clarity on how guideline percentages work and how courts determine appropriate support amounts. The comprehensive overview provided here explains not only how support is calculated but also how modifications, enforcement actions, and federal protections interact in texas child support military matters. Understanding these rules empowers service members and their families to make informed decisions, protect their rights, and maintain financial stability for their children’s future.

Texas Family Code Guidelines for Military Child Support Calculations

The Texas Family Code establishes percentage-based guidelines that apply equally to military and civilian parents. These guidelines mandate specific percentages of net resources: 20% for one child, 25% for two children, 30% for three children, 35% for four children, 40% for five children, and not less than 50% for six or more children.

The critical concept in Texas child support law is “net resources,” which represents the income base upon which these percentages are applied. For civilian parents, this typically means monthly income after taxes and certain deductions. For military personnel, net resources calculations become significantly more complex due to the multi-component nature of military compensation.

Recent legislative changes effective September 1, 2025, increased the income cap for guideline calculations from $9,200 to $11,700 monthly net resources. This change particularly affects higher-earning military personnel, including officers and senior enlisted members, as more of their income now falls within guideline calculations rather than receiving discretionary treatment above the cap.

Texas courts apply these same guidelines to military families, but they must carefully analyze which components of military compensation count toward net resources. This analysis requires understanding federal military pay regulations, tax treatment of various allowances, and the distinction between recurring versus temporary military compensation.

Military Pay and Income Considerations for Texas Child Support Military Cases

Military compensation operates very differently from civilian income, which is why texas child support military cases require a careful, accurate review of each pay component. Under Texas Family Code §154.062, courts must determine a service member’s “net resources,” but they must also distinguish between stable income—such as base pay, BAH, and BAS—and temporary or mission-specific pays like hostile fire pay or deployment stipends. These short-term allowances should not inflate long-term child support obligations, especially since Texas Family Code §154.125 (updated with the new guideline cap) requires courts to base child support on reliable, sustainable earnings rather than temporary boosts connected to deployment or specialized duty.

For many military families, deployments, PCS orders, and shifting duty assignments create financial fluctuations that civilian households rarely experience. When income jumps temporarily due to deployment bonuses or decreases after reassignment, families may feel overwhelmed trying to understand how these changes affect child support. Our in-depth resource on challenges facing military families during deployment offers additional insight into how military life impacts financial and parenting stability. These real-world pressures make it essential for courts to evaluate military pay structures with precision so support orders remain both fair and manageable.

At this stage of the process, many service members rely on our Texas family law team for guidance as they navigate these complexities. Whether analyzing LES statements, clarifying which allowances count as net resources, or preparing for modifications after deployment, our attorneys focus on educating families and protecting their futures. For additional clarity on how guideline percentages work, you may also visit our Texas child support information page. Thoughtful legal support ensures that military families receive child support orders that reflect the realities of service life while safeguarding the long-term well-being of their children.

Understanding what counts as military income requires analyzing each component individually. The general principle is that recurring, predictable compensation reflects actual resources available for child support, while temporary or hazard-related pay should not inflate long-term support obligations beyond sustainable levels.

Military Compensation Included in Net Resources

Base pay remains the cornerstone of military income, and in texas child support military cases, courts consistently include it when determining a service member’s “net resources” under Texas Family Code §154.062. Because base pay is tied to rank and years of service, it provides the most predictable and stable measure of earning capacity. Alongside base pay, courts also assess non-taxable allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). Even though these benefits are tax-free, judges consider them genuine financial resources because they offset essential living expenses and free up income for a parent’s child support obligations. Our detailed guide on military entitlements and child support calculations explains how these entitlements fit into the statutory definition of net resources.

Courts also evaluate recurring special pays—such as flight pay, hazard duty pay, language proficiency bonuses, or dive pay—when these earnings reliably reflect a service member’s ongoing financial picture. Under Texas Family Code §154.125, which includes the updated child support guideline cap, consistent special pays may be included in net resources because they represent real earning capacity. However, temporary or deployment-specific benefits require closer analysis. For example, Family Separation Allowance may be counted only when it functions as a regular entitlement rather than a short-term deployment stipend. The key is determining whether a particular payment is stable enough to support a long-term child support order.

At this stage of the process, many military families rely on the attorneys at this Texas family law firm for help understanding which components of their LES will be included and how fluctuating income may affect support. Our team reviews each pay category carefully, ensuring calculations reflect both the requirements of the Texas Family Code and the realities of military life. For more guidance on how Texas determines child support in military households, explore our resource on Texas child support guidelines. By blending clear legal analysis with compassion, we help service members protect their rights, meet their obligations, and safeguard their children’s futures.

Military Compensation Usually Excluded

Combat Pay and Hostile Fire Pay are typically excluded from net resources because they represent temporary, hazard-related compensation tied to specific deployments or dangerous assignments. Including these payments would create artificially inflated support obligations that service members cannot sustain during non-deployment periods.

Hazard Duty Pay and similar mission-specific bonuses are excluded for the same reasons as combat pay. These payments fluctuate based on assignment and location, making them unsuitable for establishing long-term support obligations.

Reenlistment Bonuses and One-Time Payments generally don’t factor into monthly net resources calculations, though courts may consider them separately in exceptional circumstances. These lump-sum payments don’t represent monthly earning capacity.

PCS Reimbursements and Moving Allowances are excluded because they reimburse actual expenses rather than providing additional income. Including reimbursements would double-count money that goes directly toward moving costs.

The distinction between included and excluded compensation protects service members from having temporary pay increases create permanent support obligations they cannot maintain. This principle ensures that child support calculations reflect sustainable income levels rather than peak deployment earnings.

Military Child Support Texas Modifications and Circumstances

Military parents can request child support modifications under specific circumstances that recognize the unique demands of military service. Unlike civilian cases that require proving “material and substantial change in circumstances,” military deployment itself constitutes sufficient grounds for temporary modifications under Texas Family Code Section 153.702.

PCS (Permanent Change of Station) moves frequently justify modification requests because they can materially alter both income and expenses. A move from a low-cost area like San Antonio to a high-cost location might increase BAH significantly while also raising living expenses. Conversely, moves to government housing might reduce BAH while lowering actual housing costs.

Deployment impact on income stability requires careful analysis. Some deployments temporarily increase income through combat pay and special allowances, while others might reduce certain allowances if the service member moves to government housing at the deployed location. Courts must distinguish between temporary deployment-related changes and sustainable income adjustments.

Rank changes and promotions represent permanent alterations in earning capacity that may warrant modification. A promotion from Captain to Major involves permanent increases in base pay and potentially BAH, justifying upward modification of support obligations.

Retirement or separation from military service creates substantial income changes that typically require modification. Transitioning from active duty to civilian employment or retirement pay involves complete restructuring of income sources and amounts.

Reserve component activation presents unique modification circumstances when civilian employees are activated for extended periods. The change from civilian to military pay structures during activation may increase or decrease actual income, justifying temporary modifications during the activation period.

SCRA Child Support Protections for Service Members

The Servicemembers Civil Relief Act (SCRA) provides federal protections that complement Texas state law, ensuring military service doesn’t disadvantage service members in legal proceedings including child support cases. These protections recognize that military service creates unique circumstances that civilian legal procedures don’t typically accommodate.

Court proceeding delays represent a primary SCRA protection, allowing service members to request stays of court hearings when military duties prevent meaningful participation. Deployment, training, or PCS moves can make court attendance impossible, and SCRA ensures service members aren’t disadvantaged by default judgments or proceedings conducted without their participation.

Default judgment protection prevents courts from entering judgments against service members who cannot appear due to military service. This protection requires courts to verify that defendants are not on active duty before proceeding with default proceedings, ensuring service members have opportunity to be heard.

Reduced interest rates on existing obligations may be available under SCRA for qualifying service members whose military service materially affects their ability to pay. This protection can apply to child support arrears that accumulate during deployment or other military service that impacts income or ability to comply with existing orders.

Timeline requirements for invoking SCRA protections include providing proper notice to courts and demonstrating that military service materially affects the service member’s ability to participate or comply with court orders. Service members must typically provide copies of military orders and affidavits explaining how service impacts their legal situation.

SCRA protections interact with Texas child support enforcement by providing an additional layer of protection beyond state law safeguards. While Texas law prevents courts from penalizing military service per se, SCRA offers specific procedural protections and potential financial relief when military service creates genuine hardship or procedural disadvantages.

Enforcement of Military Pay Child Support Texas Orders

Child support enforcement works a bit differently for military families, and understanding those differences is essential in texas child support military cases. Because service members are paid through federal systems, courts often rely on the Defense Finance and Accounting Service (DFAS) to ensure support is collected and distributed correctly. Under Texas Family Code §§154.004 and 158.002, income withholding is the primary method of enforcing child support, and DFAS provides a stable, streamlined path for both voluntary and court-ordered withholding. This federal–state coordination helps ensure reliability and consistency, even when a service member is deployed or assigned overseas.

Many parents choose to establish a voluntary DFAS allotment so child support is automatically deducted from their pay each month. This approach helps avoid arrears, maintains financial stability for the child, and reduces stress for both parents. When voluntary payments are not made, Texas courts may issue an involuntary withholding order, which DFAS must honor as long as it meets federal requirements. In these situations, DFAS enforces child support payments within federally mandated limits to ensure that the service member retains enough income to meet basic living expenses. For a deeper explanation of how military-specific procedures differ from civilian cases, our resource on how Texas divorce is different for service members offers additional context on the unique legal and financial considerations military families face.

At this stage of the process, many service members turn to the attorneys at this Texas family law firm for help navigating DFAS requirements, interpreting withholding orders, and understanding how enforcement works during deployment, PCS transitions, or changes in pay. Our team also provides guidance on ensuring that support orders comply with the latest updates to the Texas Family Code, including the revised guideline cap under §154.125. For more information on how Texas courts calculate and enforce support, you can also visit our Texas child support resource page. By combining compassionate counsel with precise legal guidance, we help military parents protect their rights while ensuring their children receive the financial support they deserve.

Federal and state law compliance requirements mean enforcement actions must satisfy both Texas child support law and federal military regulations. This dual compliance creates more complex procedures but also provides additional protections for service members against excessive or improper garnishment.

Military disciplinary considerations may arise when service members fail to comply with court-ordered child support. While non-payment itself is a civilian legal matter, failure to comply with lawful orders can potentially impact military careers through administrative or disciplinary actions.

Deployment and enforcement continuity mechanisms ensure child support collection continues even during overseas deployments or assignments to remote locations. Military pay systems continue operating regardless of geographic location, maintaining consistent enforcement capabilities.

Arrears collection procedures for military personnel often proceed more efficiently than civilian cases due to the stability of military employment and centralized pay systems. Military service members cannot easily evade enforcement through job changes or income manipulation that might affect civilian enforcement efforts.

Why Military Families Need Experienced Legal Representation

The intersection of Texas family law and federal military regulations creates complexity that requires specialized knowledge and experience. Military child support cases involve legal frameworks, compensation structures, and procedural protections that general practice attorneys may not fully understand.

Accurate calculation requirements demand understanding of military pay components, tax implications, and distinction between temporary and permanent compensation. Errors in including or excluding military pay elements can result in incorrect support obligations that unfairly burden service members or inadequately support children.

Federal protection navigation requires knowledge of SCRA procedures, military family law protections, and interaction between state and federal legal requirements. Service members need representation that can effectively invoke and utilize federal protections while ensuring compliance with Texas state law obligations.

Military culture understanding helps attorneys effectively represent service members by appreciating the demands, constraints, and realities of military life. Experience with deployment schedules, PCS requirements, and military family dynamics improves representation quality and client communication.

The Law Office of Bryan Fagan PLLC routinely handles Texas child support military cases for active-duty personnel, reserve component members, and retired service members across all military branches. Our experience includes Air Force, Army, Navy, Marines, Coast Guard, and Space Force personnel, providing comprehensive understanding of service-specific pay structures and regulations.

Complex modification procedures require understanding when military circumstances justify modifications, how to properly document military-related changes, and effective presentation of military factors to family courts. Experience with military cases helps attorneys anticipate issues and prepare comprehensive presentations.

Enforcement coordination between military and civilian systems requires knowledge of DFAS procedures, military disciplinary implications, and effective coordination between state child support agencies and federal military pay systems.

Law Office of Bryan Fagan PLLC’s Mission for Military Families

At this stage of the process, our team understands that texas child support military cases require a level of attention and cultural awareness that goes far beyond a standard family law matter. Military service brings unique pressures—extended deployments, PCS moves, rapid changes in pay, and demanding schedules—and Texas courts must evaluate these realities within the framework of the Texas Family Code. Under §§154.062 and 154.125, which define “net resources” and establish updated guideline caps, courts must fairly interpret military income so that support obligations reflect both the needs of the child and the realities of military life. Our in-depth resource on military pay and net resources under Texas law provides additional insight into how compensation structures like BAH, BAS, special duty pay, and deployment stipends are treated during support calculations.

Families who turn to this Texas-based family law team receive comprehensive legal support that extends well beyond child support. We regularly assist with custody modifications, long-distance parenting schedules, military divorce, and property division involving benefits such as retirement pay or disability compensation. Our firm also offers guidance on issues specific to military families, such as how legal decisions may affect a service member’s career, security clearance, or deployment readiness. For parents seeking to understand how the broader child support framework works, our Texas child support resource page offers clear explanations grounded in current law.

Most importantly, our approach is shaped by deep respect for military service and the sacrifices families make at home and abroad. Whether a client is deployed overseas, stationed stateside, or transitioning out of active duty, we adapt our communication and strategy to their operational demands. We maintain contact with deployed clients, accommodate time zone differences, and provide practical guidance that protects both parental rights and long-term family stability. By combining legal precision with empathy, we help service members move forward with confidence, knowing their rights—and their children’s futures—are protected.

Actionable Checklist for Military Parents

Documentation and Records

• Maintain current Leave and Earnings Statements (LES) showing all pay components
• Keep copies of deployment orders, PCS orders, and temporary duty assignments
• Document any changes in military status, rank, or special pays
• Preserve records of combat pay, hazard pay, and other temporary compensation

Legal Compliance and Court Communication

• Notify family court immediately of PCS moves or extended deployments
• Request temporary orders before deployment when custody arrangements require modification
• Understand your SCRA rights and how to invoke them if needed
• Keep current contact information on file with court and opposing parties

Financial Planning and Support Management

• Set up automatic allotments through DFAS for reliable child support payment
• Budget based on sustainable income excluding temporary military pays
• Monitor for overpayment during deployment periods with temporary pay increases
• Plan for income changes during military transitions or retirement

Professional Legal Support

• Consult experienced military family law attorney before major military life changes
• Seek legal review of any proposed child support modifications
• Understand how military benefits and allowances affect your specific situation
• Get professional guidance on complex military pay calculations and legal protections

Protecting Your Rights in Texas Child Support Military Cases

Military service should never unfairly complicate your child support obligations or compromise your parental rights. Texas law provides specific protections for service members, and federal statutes like SCRA offer additional safeguards to ensure military families receive fair treatment in family court proceedings.

Understanding your rights, obligations, and available protections helps you navigate Texas child support military cases effectively while maintaining your focus on serving our country. Proper legal guidance ensures accurate support calculations based on sustainable income levels and protects against unfair treatment based on military service demands.

The Law Office of Bryan Fagan PLLC brings extensive experience in Texas child support military cases, providing the specialized knowledge and dedicated advocacy that military families deserve. Our understanding of both Texas family law and military life enables us to deliver effective representation that protects your rights while ensuring your children receive appropriate financial support.

Don’t let the complexity of military child support law overwhelm you or put your rights at risk. Schedule a free consultation with the Law Office of Bryan Fagan PLLC today to discuss your specific situation and learn how we can help you navigate your Texas child support military case successfully. Contact us to speak with an experienced military family law attorney who understands your service and will fight to protect your rights and your family’s future.

Conclusion

Navigating a family matter involving military service and Texas child support isn’t something anyone prepares for, yet here you are—showing up, gathering information, and looking for the best path forward for your family. That alone says a lot about your strength and commitment. The truth is, these cases can feel complicated because they are complicated. Military life moves fast, and Texas family law has its own set of rules that can be hard to interpret when your world feels like it’s shifting. But understanding your rights, your child’s needs, and the legal tools available to you is the first step toward restoring stability and peace of mind.

If there’s one thing to take away from this guide, it’s that you don’t have to navigate these decisions alone. When you work with an experienced Texas family law attorney—especially one familiar with the unique demands of military life—you gain clarity, structure, and support at a time when everything else may feel uncertain. At The Law Office of Bryan Fagan, PLLC, our mission is rooted in empowering families to move forward confidently, no matter what challenges military service or family transitions bring.

If you’re ready to talk through your situation, explore your options, or simply get answers to the questions keeping you up at night, we’re here to help. Reach out for a consultation whenever you’re ready. And as you move into whatever comes next, remember this: even in seasons of change, you’re allowed to build something steady, hopeful, and strong for yourself and your family.

Frequently Asked Questions: Texas Child Support & Military Service