How is Basic Allowance for Housing treated in child support calculations?

BAH is generally included in gross income for child support purposes in Texas, meaning it is counted along with base pay when calculating the support obligation under state guidelines.

What happens to custody orders when a service member is deployed?

Custody orders should include deployment provisions specifying temporary custody arrangements during absence and how parenting time resumes after return, preventing the need for modification hearings each time orders change.

Can military retirement be divided in a Texas divorce?

Yes, military retirement can be divided as community property in Texas, but the court must issue an order that meets federal requirements before DFAS will make direct payments to the former spouse.

What is the Servicemembers Civil Relief Act and how does it affect divorce cases?

The SCRA allows service members on active duty to request a postponement of court proceedings, including divorce hearings, to ensure they have the opportunity to participate and are not subject to default judgments while deployed.

How does reassignment to a new duty station affect custody arrangements in Central Texas?

Reassignment often requires modification of custody orders to address distance, visitation logistics, and which parent retains primary physical custody when one party moves out of Central Texas or out of state.

Military Family Law | The Lambert Law Office

Killeen and Central Texas serve a significant military population, creating family law cases that involve unique income structures, benefit protections, and custody complications tied to deployment. Military families face divorce, custody, and support decisions that must account for Basic Allowance for Housing, military retirement division, Servicemembers Civil Relief Act protections, and parenting schedules that accommodate deployment or reassignment. The Lambert Law Office represents military families in these matters, applying knowledge of Defense Finance and Accounting Service benefit division rules, deployment impact on custody orders, and how military pay and allowances are calculated in support determinations.

The attorney addresses military retirement and survivor benefits in property division, following federal rules that govern how retirement pay is divided and what documentation the court must issue to direct DFAS to make payments to a former spouse. Military income calculations include base pay, BAH, and other allowances that affect child support and spousal maintenance amounts under Texas guidelines. Deployment schedules are considered when drafting custody arrangements, creating temporary orders that account for time away and specifying how parenting time resumes after return from deployment.

Arrange a consultation to discuss how military income, benefits, and deployment affect your family law case.

Military family law differs from civilian cases because income sources, benefit entitlements, and custody logistics do not follow standard patterns. BAH varies by duty station and dependent status, affecting support calculations when one party relocates. Military retirement requires a court order that meets specific federal requirements before DFAS will divide payments, and failure to include correct language in the divorce decree can delay or prevent benefit division. The Servicemembers Civil Relief Act can postpone court proceedings if a service member is deployed or on active duty, protecting their ability to participate in hearings.

Custody orders must accommodate deployment by specifying what happens to parenting time when a service member is called away, who assumes temporary custody, and how visitation resumes after return. Without clear deployment provisions, custody disputes arise each time orders change, creating instability for children and ongoing conflict between parents. The Lambert Law Office drafts custody plans that address these contingencies, reducing the need for modification hearings when military obligations shift.

Support calculations also differ when military pay includes non-taxable allowances that Texas courts may or may not count as income depending on how they are classified. Understanding which allowances are included in gross income for support purposes prevents underpayment or overpayment disputes after the order is finalized..

How is Basic Allowance for Housing treated in child support calculations?
BAH is generally included in gross income for child support purposes in Texas, meaning it is counted along with base pay when calculating the support obligation under state guidelines.
What happens to custody orders when a service member is deployed?
Custody orders should include deployment provisions specifying temporary custody arrangements during absence and how parenting time resumes after return, preventing the need for modification hearings each time orders change.
Can military retirement be divided in a Texas divorce?
Yes, military retirement can be divided as community property in Texas, but the court must issue an order that meets federal requirements before DFAS will make direct payments to the former spouse.
What is the Servicemembers Civil Relief Act and how does it affect divorce cases?
The SCRA allows service members on active duty to request a postponement of court proceedings, including divorce hearings, to ensure they have the opportunity to participate and are not subject to default judgments while deployed.
How does reassignment to a new duty station affect custody arrangements in Central Texas?
Reassignment often requires modification of custody orders to address distance, visitation logistics, and which parent retains primary physical custody when one party moves out of Central Texas or out of state.