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How does child support work in a military divorce?

On Behalf of | Jun 16, 2025 | Family Law

Child support in military divorces in New Jersey involves unique factors. Military personnel face situations that affect how courts calculate and enforce their support obligations. Understanding these differences ensures the support arrangement meets the child’s needs and accounts for military life.

Military pay and child support calculation in New Jersey

In New Jersey, courts count military pay as income when calculating child support, but it differs from civilian pay. Service members receive more than base salary, including allowances for housing, food, and special pay for deployment or hazardous duty. Courts include these allowances in the child support calculation, raising the total amount above the base salary. Courts also consider tax-free allowances like the Basic Allowance for Housing (BAH) to ensure the calculation reflects the service member’s total income.

Deployment and its impact on child support

Deployment can complicate child support. Service members often earn additional pay during deployment, such as hazardous duty or combat pay. Courts include these pay increases when calculating child support. However, deployment can also affect a service member’s ability to pay. If deployed and earning less than when stationed stateside, a service member can request a temporary reduction in support. Any changes must be approved by the court, which considers the specifics of the deployment.

Enforcing child support orders for military personnel

Enforcing child support for military personnel is easier than for civilians. The military automatically deducts child support from a service member’s pay, ensuring consistent payments. New Jersey uses the Federal Office of Child Support Enforcement (OCSE) to collect and enforce payments across state lines or internationally, making enforcement reliable compared to civilian cases.

Special circumstances in military child support cases

Certain factors affect military child support. For example, long deployments might reduce a service member’s income, prompting a potential adjustment to child support. Remarriage can influence financial obligations, especially with new dependents. While veterans’ benefits aren’t included in child support calculations, any post-service income may be.

Understanding these factors helps ensure child support arrangements reflect military realities and meet the child’s needs.

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