Can child support be modified due to National Guard service?

On Behalf of | Jun 6, 2018 | Military Divorce

There are many members and former members of the armed forces and National Guard in Missouri. Those who are in the service will face a different set of issues than civilians when it comes to family. If it is a member of the National Guard who is married and has children, there is always a chance that the marriage will not work out and the couple will part ways. Child support and visitation rights will be part of the settlement. However, the amount that will be paid in child support is contingent on many factors including the income of the parents. There can be a modification of the amount that is ordered for many reasons. One is if a parent who is a member of the emergency military service is called to duty and there is a change in income.

When a divorced Missouri parent is an emergency member of the armed forces, there is always a chance that he or she will be called to duty at a moment’s notice. When this happens, the income could change. This will be viewed as a substantial change in circumstances and will render unreasonable the original visitation and child support order. For people in this situation, the child support and visitation order can be altered as needed.

The noncustodial parent’s commanding officer should provide a notarized letter with the date at which the emergency military service will commence and what compensation the person will receive while serving. The director of the family support division in the state will then take the necessary steps to modify the order. When the emergency service ends, the parent will inform the family support division so the order can be modified again.

Financial challenges can arise in any divorce and when there is a child support order. If these are due to a noncustodial parent who is a member of the National Guard who is called to duty and has a change in income because of it, it is imperative to understand how the order can be modified and the law that dictates it. A lawyer who is experienced in all aspects of military divorce will be able to help those who are dealing with these issues. Calling for legal advice and assistance is key.

Practice Areas

Military Law
Family Law
Social Security Disability
Worker’s Compensation
Personal Injury