A career of service in the military involves a respect for military regulations and for the military rule of law. Oftentimes in battle, following orders and sacrificing care for oneself and for the care of those around you can mean the difference between life and death. In the same way, as a member of the military, no matter your marital status, you are expected to accept full responsibility for supporting your dependents. This is a prerequisite in maintaining good standing in the military regardless of what branch of the service you are in. Failure to provide timely and sufficient military child support, no matter the excuse or situation, can lead to devastating consequences for your military career and eventual “hell to pay.”
Your Responsibilities to Pay Military Child Support are Different than for Civilians
The difference between a civilian’s responsibility to pay child support and a service member’s responsibility to pay military child support is that the service member is expected to support his dependents without regard to his/her marital or custodial status. In the military, it also does not matter if a non-military parent has primary custody or even if there has not yet been a final court order of child support. In either case, the service member’s commanding officer can be contacted and appealed to and can meet out various non-judicial punishments if military child support is not paid properly and on time.Failure to Pay Military Child Support Can Lead to an Investigation by Your Commanding Officer
Every branch of military service has its own set of regulations for determining military child support payments and a Basic Allowance for Housing (BAH) for dependents. Once this amount has been determined (usually by a state court), the military parent must follow the designated schedule of payments even when on deployment overseas or when there is no access to the service member’s bank account. If there is a failure to pay military child support for any reason, a parent can request an investigation by the commanding officer which, as mentioned, can result in severe penalties.
Penalties for Not Paying Military Child Support Including Court Martial
Non-Judicial punishments ordered by a service member’s commanding officer for failure to pay military child support can range from extra duty assignments, a drop-in rank or a lowering of pay rate. If there is a habitual refusal and ignoring of a commanding officer’s order to pay military child support, a service member can eventually be court-martialed under the Uniform Code of Military Justice. Court Martials can be brought under Article 92 (Failure to Obey an Order or Regulation), Article 90 (Willful Disobeying of a Commanding Officer’s Order to Pay Child Support) and Article 134 (Bringing Discredit on the Armed Forces).It is an honor to serve one’s country in the Armed Forces, but this honor comes with the caveat that all service members must behave in a manner that is honorable and just. This includes paying one’s debts and honoring court orders to pay military child support. Even if court orders have not been finalized, great care must be taken to ensure the payment of support for dependents. For a free 30-minute consultation and a no obligation case review from respected Salt Lake City, Utah attorneys experienced in military law call Wall & Wall Attorneys at Law PC today at 801-441-2388.
About the Author:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their clients in matters including the complex and difficult issues surrounding paternity, child custody, alimony, grandparent rights, property and debt division.
Wall & Wall Attorneys At Law PC
2168 Fort Union Blvd.
Salt Lake City, UT 84121
801-441-2388
