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If you are a service member, you’ve likely experienced being reassigned to a new station at least once. These relocations, along with the varying types of deployments, often bring about changes in military pay. Your pay is determined by your rank and includes allowances for housing and food. However, for military spouses, these frequent moves and fluctuations can create unique challenges, including adjusting to new environments, managing finances, and maintaining family stability. Understanding the military spouse challenges that come with these transitions is essential for both service members and their partners.
It would be rare for your pay to be decreased. However, I have seen even small increases go towards a modification in child support. In such, you can be taken to court if your child’s other parent believes that the pay increase justifies an increase in your monthly child support obligation.
While your pay may not decrease, the allowance for housing, utilities, and other necessities may decrease. Taken together, your overall income may see a slight decrease every month. Over a year, this puts a strain on your ability to pay your child support obligation moving forward. In this scenario, you may need to file a modification request. This is to reduce the obligation, especially if you’re moving to an area with a higher cost of living. You should be aware of your rights within the Texas legal system.
Specific Challenges Associated With Deployment
We’ve been discussing the challenges servicemembers face when ordered to relocate across the state or country. What happens if you have been deployed across the globe? With conflicts ongoing worldwide, hundreds of thousands of servicemembers have been deployed to those locations. If you are a parent, such types of deployment in the military can be complicated.
Changing stations in the United States can lead to problems such as pay changes, separation from children, and challenges in making scheduled court appearances. All of these factors come into play when you are deployed as well. While deployment is only a temporary change in your life, the notice you are provided before moving can be concise. This leaves you little time to prepare for the move and to be able to take steps to prepare.
If you have child support or child custody issues before your move, it’s crucial to understand and take action for your and your child’s benefit. Save money for an attorney and have a game plan to file a case and go to court promptly before any type of deployment in the military.
Servicemember’s Civil Relief Act
When you are living abroad, you will not attend court hearings. This is among the more clear statements that you will read today. As a result, you are at a disadvantage when it comes to having your issues addressed by a court.
Fortunately, there are protections for active-duty service members like yourself. The Servicemembers Civil Relief Act (SCRA) is a law that protects those who are actively serving in all types of deployment in the military. The SCRA protects you against default judgments. This means a judgment cannot be taken against you solely for failing to respond to a lawsuit or appear in court.
Family Care Plans
Before leaving the country, you should have a Family Care Plan outlined in a court order. This plan addresses your visitation and possession time with your children while you are abroad or unable to exercise your possession periods.
Your child’s other parent must cooperate because this plan may differ from a standard possession order. Infrequent weekend visitation won’t be suitable, as you’ll want more time with your kids when you return to the States. Often, you won’t have advance notice of your return.
As the custodial parent, your situation can be challenging upon your return from deployment. Relatives may have taken on a larger caregiving role in your absence, and your child may have grown accustomed to this. Your time away and increased stress levels can affect your parenting abilities.
Slow-Moving Courts Make Life Difficult for Active-Duty Servicemembers
As we touched on earlier in this blog post, you need to resolve any child support or child custody issues before your being deployed.
Unfortunately, our legal system is not known for its quickness or efficiency in handling family law cases. If your case is complex, this goes double for you and your situation. Despite the challenges associated with time, it is always best to sort these issues out before going abroad. Your readiness as a servicemember is essential to a successful mission for you and your team.
Establishing Paternity
Suppose you are a military parent who needs to establish paternity for your child. In that case, you will want to handle this efficiently. If you and your child’s other parent were never married, your child will not have a legal father until one is established through the courts. Health insurance benefits, death benefits, and survivor benefits are not available to a child through their deceased father until he is legally declared as such.
An Acknowledgment of Paternity (AOP) is the most straightforward and common way for unmarried fathers to have themselves be declared as the legal father of a child. You do so voluntarily under these circumstances and can even sign the form before your child is born. This is not something that many parents know, however, and even if you did know how to access the form and where to submit it once complete is another matter altogether.
A Note on Those Persons in the Military Reserves
On top of active-duty servicemembers and veterans, a high percentage of military members are also members of various reserve units. As members of the National Guard, you will leave your regular job and receive payment for your service through the government when your unit is activated.
This causes problems if you are responsible for child support payments. You must contact the Office of the Attorney General (OAG) in Texas and let them know about your change in payor. Your wages must be garnished to ensure that no missed child support payments occur. If you fail to do so, you will accrue missed payments that can cause you to fall behind in your payment history.
Final Thoughts
In conclusion, military spouse challenges go beyond relocation and lifestyle changes. They can impact financial obligations like child support. Even small increases in military pay can lead to modifications in child support if the other parent believes the raise justifies a higher payment.
Conversely, decreases in allowances for housing, utilities, and necessities can reduce overall income. This makes it more difficult to meet child support obligations. If you’re in this situation, especially when moving to an area with a higher cost of living, you may need to file a modification request. Understanding your rights within the Texas legal system is essential to ensuring that your financial responsibilities are fair and manageable.
If you have questions about family law in Texas, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free consultations with licensed family law attorneys six days a week. If you cannot meet with us in person, we offer consultations via phone and Skype.
Other Related Articles:
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- Losing Child Custody During Military Deployment
- What Do Military Parents Need to Do to Ensure Their Children Are Cared for Prior to Deployment?
- Navigating the Post 9/11 GI Bill and Educational Benefits Post Military Divorce
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- Military Divorce and Division of Marital Property and Debt
- Understanding Texas Military Custody Issues
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- Guardianship Of Military Personnel In Texas: What You Need To Know
- Guardianship Of Military Personnel In Texas: What You Need To Know
