Legal Question in Family Law in Texas

Divorce during deployment

As soon as I deployed, my wife wanted a divorce. She is filing today and has a copy of my LES. Will child support only be taken from my base pay? I make extra pay since I'm deployed, but I'm hoping that will not be factored in since it won't last forever. I also have a second child from previously. Will all this be taken into consideration? Is child support based on net income?


Asked on 1/13/09, 2:05 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Divorce during deployment

Child support is based on your net income. Net income is defined in the TX Family Code which is available on-line.

Your income is your income from ALL SOURCES. Yes, it includes all the money you receive. If you lose the higher income at a later date, then you will need to file a document to ask the court to MODIFY your support.

You are also required to pay the child's health insurance.

If you don't have an attorney, you need one.

Also, since you are deployed the divorce can be delayed until you get back. You definately need to take advantage of this option. Otherwise, the divorce can be done without you present.

Good luck, God's speed and be careful! Thank you for serving our country. I appreciate it!

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Answered on 1/14/09, 11:28 am
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Divorce during deployment

Ms. Brochstein is correct, you need an attorney. Your deployment has a major impact on this.

Your commanding officer should be able to help you get a breakdown of what your post-divorce, non-deployed income will be. Your attorney should then be able to use that to calculate your child support obligation, taking into consideration the fact you are already paying child support on another child.

Good luck and stay safe!

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Answered on 1/14/09, 11:54 am


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