Child Support

Why you should pay child support

Posted by on Oct 28, 2017 in Child Support | 0 comments

Child support, for those who have to pay it, can be a huge burden. The amount of money expected can end up leaving some parents deeply in debt and struggling with their own bills. At such moments, it can feel unfair that so much financial burden is placed on their shoulders. In order to give a reminder why they should keep paying, no matter the struggle, here are a few points from the law firm of Marshall & Taylor (which specializes in child support) to keep in mind.

-Childcare pays for a child’s health

Everyone knows that health care is expensive in America. If a parent doesn’t provide child support, it may be that the other parent would not be able to afford a decent insurance policy, in which case the child would be at greater risk. No expense should be spared to keep a child healthy.

-Child care can be saved for education

Another great expense in American life is college. Although the other parent might be able to afford to keep up a decent living for the children, that parent may still struggle to have anything left over to save towards a good education. Child support fixes this problem and allows the parents to work together (no matter their relationship) to save for the future of their children.

-Child care can keep a roof over a child’s head

Sometimes, things are more desperate than that. For some parents who have custody of children, they are unable to even afford to provide a decent home. In such cases, it would be absolutely unforgivable for child care not to be provided. No child deserves to struggle to find a safe place to sleep at night, particularly if they wouldn’t otherwise have to.

-Child care can put food in a child’s mouth

This may be the most important point of all. It is hard for divorced parents to truly know each other’s circumstances. It may be that the parent with custody is struggling even to put food on the table. If this is the case, the other parent has an absolute responsibility to be aiding his or her children in every way possible.

-Not paying can lead to legal action

A final incentive for those unmoved by the above situations. Not paying child support can lead to fines and even jail time. So, even if a person wants to avoid the payments, they have absolutely no legal right to do so, and failure to pay can lead to some very severe penalties.

There are times when child support can seem unfair. For many, they do not see the benefits listed above, but only a former spouse living in their former home, enjoying a better life with the extra money. That may be the perception, but the reality is that without that money, the children would undoubtedly suffer.

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Special Issues in Military Divorce

Posted by on Jul 2, 2012 in Child Custody, Child Support, Divorce | 0 comments

Special Issues in Military Divorce

Even when it comes to dissolution of a marriage, the government sometimes gets involved. Military divorce is different from civilian divorce in many ways, from where to file to what happens to a person’s pension and other benefits. The government provides for both the service member and their spouses, especially if the service member is on active duty.


When you file for a civilian divorce, it is usually in the state where you lived as a couple. This is jurisdiction. But when it comes to military divorce where one or both spouses may be stationed in different states or even countries, deciding on where to file for divorce can be tricky. The laws of the state where the divorce is filed applies, which can have significant differences in terms of finances as well as rights.

Spousal and Child Support

Married military service personnel are governed by a set of laws designed specifically to address issues of divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA), for example, is a federal law that addresses calculation of child and spousal support as well as the impact on military retirement pension, which is considered property rather than income.

Pension and Other Benefits

Under the USFSPA, a former spouse is entitled to a certain portion of a service member’s retirement pay. If the service member was on active duty for 10 years and had been married to the same spouse for that period or longer, the Defense Finance and Accounting Service (DFAS) pays in a portion of the retirement directly into the former spouse’s account. If the marriage was less than 10 years, the former spouse is still entitled to some portion of the retirement pay, but it will no longer be sent directly from the DFAS. Other benefits are treated based on state laws subject to special instructions for specific conditions.

Visitation Rights and Child Custody

When one or both parents are on active duty and constantly moving or deployed, coming to a realistic custodial and visitation schedule can be challenging. To resolve these and other issues, military divorce lawyers should be retained for the informed and experienced negotiation of an equitable settlement.

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