Military Service Members and Indiana Child Support Obligations

Military service members face unique challenges when it comes to family law. From deployments to complex pay structures, calculating child support for soldiers, sailors, airmen, and marines requires a deep understanding of both Indiana state guidelines and federal military regulations. Whether you are stationed at Grissom Air Reserve Base or serving overseas, your obligations to your children remain, but the law provides specific mechanisms to ensure the calculations are fair and that you are protected against default judgments while deployed.

Because military child support involves navigating dual systems-state family courts and federal military pay centers-it is highly recommended to seek counsel from a local attorney found in our USA Lawyer Directory who has distinct experience with military divorces and support modifications.

Step-by-Step Process for Military Families in Indiana

Child support orders for military personnel are established in local state courts, such as the Vanderburgh Superior Court, Evansville or the St. Joseph Circuit Court, South Bend. The process requires a thorough breakdown of the service member's Leave and Earnings Statement (LES).

Step 1: Incorporating BAH and BAS into WGI

A common misconception among service members is that non-taxable allowances do not count toward child support. This is incorrect. Under Indiana law, specifically the principles aligned with Ind. Child Support Guideline 3(A)(1), courts consider all sources of income that reduce the parent's living expenses. Therefore, Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) must be added to your base pay to determine your Weekly Gross Income (WGI). You will outline these figures on Form CSOW, Indiana, Supreme Court, Child Support Obligation Worksheet.

Step 2: Modifying Support During Overseas Deployment

Deployments can drastically change a service member's income. You might receive hazard pay or family separation allowances, which could temporarily increase your income, or your civilian pay might drop significantly if you are a reservist called to active duty. Under Ind. Code § 31-16-8-1, a parent can petition the court for a modification of child support if there is a substantial and continuing change in circumstances. It is critical to file for this modification immediately upon receiving deployment orders, as courts generally cannot modify support retroactively prior to the date the petition was filed.

Step 3: Invoking the Servicemembers Civil Relief Act (SCRA)

If you are deployed and a child support action is filed against you, federal law protects you from unfair default judgments under 50 U.S.C. § 3931. Under the Servicemembers Civil Relief Act, 50 U.S.C. § 3932 allows active-duty service members to request a stay (pause) of civil court proceedings for at least 90 days if their military duties materially affect their ability to participate in the case. Indiana courts strictly uphold this protection. Precedents like Harris v. Harris, 922 N.E.2d 626 (IN Court of Appeals 2010) illustrate how courts balance the needs of the child with the federal protections afforded to military personnel.

Step 4: Coordinating with DFAS

Once a child support order is established in an Indiana court, the income withholding order must be sent to the correct federal agency. All military pay garnishments are processed through the Defense Finance and Accounting Service, Indianapolis. Ensuring that the state court orders are properly formatted for DFAS processing is a crucial step to avoid arrears and penalties.

How Much Does it Cost in Indiana?

Handling a military child support case involves standard state filing fees, though service members often face unique logistical expenses.

• Court Filing Fees: Initiating or modifying a child support order costs around $157 in local Indiana courts.
• Lawyer Fees: Private attorneys charge between $200 and $400 per hour. Military legal assistance offices (JAG) can provide free advice, but they generally cannot represent you in state family court proceedings.
• Process Serving: Serving papers to a deployed service member can sometimes incur additional international or administrative costs, ranging from $50 to $200.

How Long Does the Process Take?

A standard child support establishment or modification in Indiana takes about 3 to 6 months. However, if the SCRA is invoked due to an overseas deployment, the timeline will be extended. Proceedings may be paused for 90 days or longer until the service member is available to participate in the court process.

Frequently Asked Questions (FAQ)