Does Military Deployment Affect Child Support Obligations in Illinois? 

 Posted on May 27, 2022 in Family Law

The prospect of managing a divorce, maintaining relationships with your children, and staying focused on your work while you are deployed can feel overwhelming. If you are in this position, you may not know what to expect or who to turn to for answers to your questions. However, many before you have been in your exact position and have gotten valuable assistance and representation from an Illinois divorce lawyer who can make the entire process straightforward and understandable. If you are getting divorced and are currently deployed or will be deployed soon, read these answers to some common questions about child support during deployment and then contact an experienced family law attorney who can help. 

Do Deployed Parents Still Have to Make Child Support Payments? 

In short, yes. Regardless of where you are in the world, what your bank account balance looks like, and even whether you are employed, you need to make your child support payments on time unless you have successfully petitioned an Illinois court to modify your child support payments. 

That being said, deployment can affect a servicemember’s allowances for housing and food; because these allowances are tax-free and may not be given during deployment, a servicemember’s income may go down significantly. However, deployment can also provide special or incentive payments, like the Family Separation Allowance or Hardship Duty Pay. If your income will change substantially while you are deployed, it may be a good idea to petition a court for a child support modification. 

What if I Am Deployed When My Spouse Files For Divorce? 

Managing a divorce while you are deployed is often difficult or impossible. For that reason, the Servicemembers Civil Relief Act allows an automatic 90-day suspension on a divorce case when that servicemember cannot appear in court. Although you can waive this suspension, it is usually best to wait to get divorced until you can be present and able to negotiate important issues like property division, parenting time, and child support. 

Call a Hinsdale, IL Child Support Lawyer

Military deployment will change many things about your life. When it comes to your children, preserve as much predictability as you can by working with a DuPage County child support lawyer who has experience assisting parents in the U.S. Armed Forces. At Law Office of Martoccio & Martoccio, we have helped parents understand their legal and financial obligations whether at home or abroad, and we are ready to help you, too. Call us today at 630-920-8855 to schedule a free case review. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59