Getting a Military Divorce in Virginia Without a Child Support Agreement

Posted on Feb 18, 2011 by Hofheimer Family Law

The U.S. Navy and Marine Corps put regulations and policies into action that make sure dependents of military members are given support in the event of military divorce. While the military prefers the establishment of court ordered child support, it does provide payment guidelines for military members to follow when there is no legal support agreement.

The military requires that service members pay continuous and adequate support for legal dependents, which not only supports the dependents' welfare but also upholds the credit and morale of the armed services.

If no spousal support is required after your military divorce, the Marine Corps and Navy regulations regarding child support obligations depend upon how many minor dependants there are:

  • One child – the member must pay one-sixth of his gross pay if there is one minor child.
  • Two children – in this case, one-fourth of the member's gross pay is allotted towards child support obligations.
  • Three children – if the member has 3 or more dependent children, he is required to pay one-third of his gross pay.

Gross pay includes basic pay, basic allowance for quarters (BAQ,) and variable house allowance (VHA.) Military regulations stipulate that child support must be paid, and failure to do so results in administrative and disciplinary action.

Fortunately, the military places a high priority on making sure its members uphold their responsibility to support their dependents following a military divorce. A Virginia divorce attorney with experience in military divorces can explain all the U.S. Navy and Marine Corps regulations that will affect your child support, an especially important consideration if you don't have a legal court order.

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