Child Support In Military Divorce In California
Child support in military divorce cases in California is calculated based on the service member’s income, which includes basic pay, allowances and any special pay. California courts use statewide guidelines to determine child support amounts, considering the parents’ total income and the children’s needs. The service member’s income includes basic allowance for housing (BAH) and basic allowance for subsistence (BAS), which are factored into the child support calculation.
Each military branch has its own guidelines for interim family support when a state court has not yet established a support order. However, these military guidelines are generally less than what state guidelines provide. The court will also consider any payments the service member makes for the children’s health insurance or work-related day care. It’s important to note that military pay can fluctuate based on duty station and deployment, which may necessitate periodic adjustments to the child support amount.
In California, the child’s best interests are the primary consideration when determining child support. The court aims to ensure that the children maintain a standard of living similar to what they would have had if the parents had remained together. Given the unique challenges military families face, such as frequent relocations and deployments, it is crucial to work with a California military divorce attorney who understands these complexities and can advocate effectively on your behalf.
Spousal Support In Military Divorce In California
Spousal support, also known as alimony, is determined in military divorce cases in California based on several factors, including the length of the marriage, the rank and income of the service member, and the earning potential of the nonmilitary spouse. California courts have the authority to issue spousal support orders to ensure that the nonmilitary spouse can maintain a standard of living similar to what they had during the marriage.
Military benefits, such as BAH, are considered income and can influence the amount of spousal support awarded. The transient nature of military life can impact the nonmilitary spouse’s ability to maintain steady employment, which is considered when determining spousal support.
Enforcing spousal support can be challenging due to frequent relocations and deployments. However, specific provisions in divorce decrees and military garnishment systems can help ensure that support payments are made directly from the service member’s pay. Working with an attorney experienced in military divorce can help navigate these challenges and ensure that spousal support is fair and enforceable.
Learn More In A Free Consultation
To discuss your support concerns with an experienced military divorce team, contact the attorneys at Contreras Law Firm to schedule your free consultation. You may call our San Diego office at 619-908-1495 or send us an email to find a time that is best for you.