Understanding Illinois family laws, divorce laws, and child support laws while you are serving in the military and are deployed can feel overwhelming. Indeed, if you are abroad or plan to be abroad, knowing whether or not you need to pay child support, how that decision will be made, and how to modify your child support arrangement may feel burdensome and confusing. Our family law attorneys at the offices of Fay, Farrow & Associates, P.C. can help you to understand your child support obligations if you are deployed.
Do I Still Have to Pay Child Support?
Regardless of your station in the military and whether or not you are deployed, you must pay child support. All parents in Illinois have a duty to support their children financially. While you are obligated to pay support, precisely how that support is calculated and when you can request modification of a support order may vary if you are deployed or plan to be deployed in the future.
How Is Child Support Calculated?
Child support is calculated based on both parents’ incomes. Military members are allotted a Basic Allowance for Housing (BAH) and a Basic Allowance for Subsistence (BAS) in addition to their monthly compensation. When deciding a child support amount, the court will look at the entirety of a service member’s income, including their BAH and BAS. As a note, these allowance payments are awarded without tax, which must be considered when making a child support obligation decision.
It is important to note that the total amount of income that a service member receives is typically much less when the service member is on deployment, and a child support obligation should reflect this. A request for modification may be submitted prior to deployment.
The Servicemembers Civil Relief Act
Being deployed is not always congruent with a divorce or child custody proceeding. To protect those in the military from certain untimely legal proceedings, the Servicemembers Civil Relief Act specifies that there is an automatic 90-day stay for all civil proceedings brought against a servicemember when duty prevents them from appearing in court/military leave is not authorized. This means that if you are deployed at the time that your spouse files for divorce and requests child support, the act can provide you some protection from a judge issuing an order while you are unable to attend proceedings.
Learn More About Your Child Support Obligations
To learn more about your child support obligations if you are deployed or in the military, call our child support attorneys at the law offices of Fay, Farrow & Associates, P.C. today. We know that child support cases can be complicated – our attorneys are here to help you understand the law and protect your best interests.
For a consultation with our legal team today, please call our law firm directly or send us a message. We serve Downers Grove, Naperville, Wheaton, Lombard, and Aurora.