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What happens if my military ex doesn't pay child support?

Just as there are many benefits that come with being part of the military, there are many responsibilities as well. A parent who struggles to get their ex who is in the military to pay child support may have additional avenues to pursue than those in civilian relationships do not.

If you're struggling to provide for your child's basic expenses and a judge hasn't yet signed off on your support order, you can petition your ex's commanding officer to look into the matter. They'll likely use a formula that takes into account your ex's Basic Allowance for Housing (BAH) and gross pay to determine if support is warranted.

Once the child support order is finalized, it becomes the responsibility of the service member to make timely payments just as any civilian would have to. Any soldier may contact the Defense Finance and Accounting Service (DFAS) to automatically withdraw a certain amount from their paycheck to go toward child support.

If a service member fails to pay their court ordered child support, the recipient parent may contact their ex's commanding officer. When they do, it's important that they provide them with the court order and evidence of nonpayment.

They can also ask the state child support agency to garnish their wages if payments aren't made for several months. Once this occurs, DFAS will automatically deduct any monies owed from a solider's paycheck.

If a service member still refuses to pay, then their commander may take additional steps against them including reducing their rank or pay or forcing them to work extra duty rounds.

They also may be court-martialed in accordance with the Uniform Military Code of Military Justice. They may be accused of having violated Article 90, disobeying an officer, Article 92, which is failing to obey an order or Article 134, which has to do with bringing discredit upon the armed forces.

Both parents are expected to make contributions toward the rearing of their children. With the many options that exist to hold your ex accountable, you'd think that no one would have difficulty in getting them to pay. If your ex is in the armed forces and is unwilling to pay their child support obligation, a Colorado Springs military divorce attorney can let you know what options are left to explore.

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