Fort Campbell Military Child Support Lawyer
Fort Campbell Military Child Support Attorney
Child support is ordered when parents live separately, and both need to provide financial support for their children’s well-being. Calculating and ordering child support can be complex and stressful, especially when parents are already dealing with financial strain from a divorce or separation. These cases are even more complicated when one parent is a service member. Therefore, it’s important to work with a Fort Campbell military child support lawyer.
When one parent is in the military, this may have an impact on the calculations or enforcement of child support orders. This creates unique complications and methods of enforcement that are not present in civilian child support cases. Support is also affected by child custody, which has its own complications due to active military duty. These numerous complications require a skilled attorney’s guidance.
Navigating Child Support Cases Near Fort Campbell
Legal representation can help parents navigate a military child support case, but it’s important that your attorney has the right skills and experience to handle the case. If your attorney does not understand the intricacies of military law and how they affect support determinations, you could be left with an unfair support order. It may be insufficient to care for your child’s needs, or it may be more than you can pay. Your attorney needs to have experience with these complex requirements.
The attorneys at Mathis, Bates & Klinghard PLLC (MBK Legal) have more than 50 years of collective legal experience, including decades in family and military law. We understand how military law and regulations affect service members, as well as their spouses, co-parents, and children. Our firm is proud of the attentive and compassionate support we provide our clients and their families, including individuals who have served at Fort Campbell. We know that family law cases, including child support determinations, are incredibly important to your family’s future.
Child support may be a part of a divorce, separation, or paternity case. At MBK Legal, we can help you skillfully navigate these cases as a military member or a co-parent of a service member. We look out for your financial needs, whether you need support for your children or are responsible for paying support. Our team focuses on creating a fair arrangement that supports your children’s interests.
Understanding Basic Child Support Requirements
It is a child’s right to have financial support from both of their legal parents. When parents are together, their combined income and efforts provide this support. When parents separate, both parents are still legally required to provide, proportionally, the same support for their child.
A parent with more custody of a child is responsible for significantly more of the costs of raising a child. By creating child support orders, the court ensures that a parent with a higher income or less parenting time pays for a portion of these expenses.
How child support is calculated and arranged by the court differs in each state. In Tennessee, child support is largely based on:
- The income of each parent
- How much parenting time each parent has with their child
- How many children need support
Child support covers basic childcare needs, such as food, housing, schooling, and medical care. It can also be amended to cover additional needs. Payments in Tennessee typically last until a child is 18 or 19.
Children deserve financial support from both parents. However, there should be a balance. Child support payments should not be so high that they put a paying parent in financial hardship. It is crucial that a calculation is fair and accurate and that any additional expenses are equitably split between parents.
Support guidelines work to address various familial circumstances. When one or both parents are active military members, this is another unique circumstance that can affect court-ordered support. It can also result in the military being involved in support.
Court-Ordered Support in Military Child Support Cases
When child support is court-ordered and the order is followed, the military doesn’t interfere. This includes child support orders created and enforced by the court and those created by parents outside of court and then entered into the court to be enforced.
These agreements should always be in the child’s interests, as family courts operate on that standard. They may follow the state guidelines for child support, or deviations will be made in the child’s interests. Service members must comply with court-ordered support. If they do not, they may be lawfully ordered to by a commander.
This regulation doesn’t apply to foreign court orders unless it is enforced by a U.S. court or if there is a treaty stating that the U.S. will honor foreign court support orders. However, it’s important to realize that a service member failing to comply with a foreign court support order is failing to provide essential financial support to their family. If the foreign court order is later recognized by the U.S. courts, there may be significant consequences.
If you are a service member parent who has been ordered to pay support, a military child support attorney is an essential ally in determining what you are required to pay. An attorney with experience in many areas of military law can help you protect your interests and manage any unfair or complex child support orders.
Child Support Ordered by the Military
If there is no court-ordered child support and parents have not made an agreement, there are regulations that the military may enforce to ensure service members are meeting legal and moral obligations. This may be a permanent child support order, or it may apply until a court-ordered agreement is made. An attorney can help you determine if acquiring this support is in your financial interests and the interests of your family.
The Department of Defense lists policies for service members to provide support to their dependents. These policies cover the Army, the Navy, the Coast Guard, the Air Force, and the Marines. Each branch has unique methods to enforce the policy.
To calculate child support based on the military’s Army Regulations, you use the pro-rata share equation. This determination considers the following:
- The number of supported family members
- The rate of basic allowance for a service member’s housing, not considering the location of the quarters but accounting for the service member’s dependents
When determining how many family members need support, the following individuals are not included:
- Ex-spouse, regardless of spousal support
- Spouse who is on active duty, except when there is a court order or written agreement for spousal support
- Family member who does not need support based on court orders or other circumstances
Based on these guidelines, military support differs depending on whether the service member has a single-family unit or multiple family units that require support.
The amount of support the servicemember must provide single-family units depends on their circumstances, such as whether they are living in government housing or whether their spouse is also on active duty. For multiple family units, military regulation lists the order in which support should be provided.
Marital misconduct or criminal actions by a service member’s spouse do not remove their obligation to provide support except in specific circumstances.
Whether you are a military service member and/or are married to a service member, this support can help your children remain financially supported until a child support court order is created. An attorney can review your situation and determine the necessity of requesting support through the military’s requirements.
Military Enforcement of Child Support
The military enforces child support orders and enforces the support of dependents when there is no order. Enforcement is typically either administrative or punitive, using methods such as wage garnishment, reprimands, or a court martial.
The commander of the unit or company of the servicemember is typically responsible for enforcing military-ordered child support. If a service member fails to pay child support once the support is court-ordered, their wages can be garnished directly by the military.
Do I Need an Attorney for a Military Child Support Case?
You aren’t required to have an attorney in family court, but it is incredibly beneficial for the outcome of the case. In a military child support case, there are many complex aspects that must be considered. Both Tennessee and Kentucky have unique child support laws, and the military has its own calculations and enforcement methods.
You and your co-parent may work together to determine support, or you may go to court, where a judge will make a decision. Until the court orders are determined, military child support can provide your children with the financial care that they need. An attorney who understands military support can help you navigate this process and determine how your unique familial circumstances may impact your requests for military-ordered and court-ordered support.
FAQs:
What Is the New Child Support Law in Tennessee?
The most recent child support law in Tennessee added court discretion to assign additional penalties for the nonpayment of child support payments. This amendment was made in 2023 and came into effect at the beginning of 2024. The court has the ability to add penalties such as:
- Removing litter from public highways or recreational locations
- Working in a recycling center
- Requiring the use of a restricted driver’s license
These penalties are in addition to the penalty of up to six months in a county jail or workhouse for nonpayment.
How Far Behind in Child Support Can a Parent Be Before a Warrant Is Issued in Tennessee?
Any amount of time for which a parent is behind in child support has the potential to result in a warrant being issued in Tennessee. There is no set time limit or amount of unpaid support set by law. Any level of nonpayment by a parent who is required to provide support for a minor child could be penalized by the court. However, an arrest warrant cannot be issued when a parent is imprisoned, and this has prevented them from paying their support payments.
How Much Back Child Support Is a Felony in Tennessee?
Unpaid back child support is a felony in Tennessee when a parent:
- Fails to provide court-ordered support to a minor child despite having the ability to and
- Leaves or stays outside the state with the intention of avoiding paying support or has as previously been convicted of criminal nonsupport.
When this is the case, it is charged as flagrant nonsupport, which is a Class E felony. Conviction of a Class E felony results in up to $3,000 in fines and between one and six years imprisonment.
What Happens if a Father Doesn’t Pay Child Support in Tennessee?
If a father doesn’t pay child support in Tennessee, he may face civil or criminal charges for this failure. Any parent who is ordered to pay child support for a minor child and fails to do so can face contempt of court or criminal charges for nonpayment.
The severity of the consequences depends on several factors, including whether the parent had the financial ability to make their payments. If you cannot afford child support payments, it is essential that you take action to modify the court order before you face civil consequences.
Ensure Your Children Get the Support They Need With MBK Legal
Numerous factors have to be considered in any child support and custody case, and military involvement can make the process even more complicated. In any case, it’s critical that your support order is tailored to your family’s unique circumstances. Reviewing your case with a dedicated attorney is the most effective way to ensure that your family’s unique circumstances are fully considered.
A child support case tends to arise during tumultuous and stressful times in your life. At Mathis, Bates & Klinghard PLLC (MBK Legal), we can answer your questions and provide you with crucial legal guidance and support. When you’re facing a divorce case with children or otherwise need to determine child support, we can help. Contact our team today to learn how we can help you.
