Can my ex-husband’s military pay be withheld for Virginia child support?
Fortunately, the military provides a way for the former spouses of military members to receive child support from military pay. If the courts have awarded you Virginia child support to be paid through your ex-husband's military pay, you can have a portion of your ex's paychecks withheld through the Defense Finance and Accounting Service (DFAS).
The DFAS handles government fiscal issues, such as military pay and members' child support payments. The military imposes certain guidelines and restrictions that affect your military divorce and Virginia child support, and it's best to seek counsel from an experienced Virginia family law attorney to become aware of all the requirements of having your ex-husband's military pay withheld.
Your Virginia family law attorney can help you understand the proper military protocol for having the military pay garnished through the DFAS. In order to have your ex-husband's military pay withheld for your Virginia child support, you must submit required information to the DFAS, which your Virginia family law attorney can also assist you with.
To have military pay withheld for Virginia child support, you'll need to submit:
- an Income Deduction Order; or
- an Income Withholding Order.
You should also be aware that because of restrictions outlined in the Consumer Credit Protection Act (CCPA,) you may not be able to receive the entire amount of child support from your ex-husband's military pay. The CCPA limits the amount of Virginia child support you can receive to 50 to 65% of your ex-husband's disposable earnings. You can talk to your Virginia family law attorney to find out how your Virginia child support payments will be affected by the CCPA's guidelines.
As you proceed with your divorce, you and your Virginia family law attorney can work within military regulations to fight for the support you and your children need.
Contacting a Virginia Family Law Attorney
Throughout your divorce proceedings, you'll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-425-5200.
The Virginia family law attorneys at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.