Military Child Support in San Antonio: Protecting the Children of Those Who Serve

Dedicated Legal Guidance for Active Duty, Reserve, and Retired Military Families

San Antonio is home to one of the largest and most vibrant military communities in the United States. With Joint Base San Antonio—encompassing Fort Sam Houston, Lackland Air Force Base, and Randolph Air Force Base—as well as Camp Bullis and Martindale Army Airfield, thousands of active duty service members, reservists, National Guard personnel, and military retirees call Bexar County home. For these families, child support involves complexities that civilian cases simply do not present.

At Barton & Associates, we understand the unique legal landscape confronting military parents. Our San Antonio military child support attorneys possess specialized knowledge of the intersection between the Texas Family Code, federal military regulations, and Department of Defense directives. Whether you are active duty, a military spouse, a veteran, or a retired service member, we provide the strategic advocacy necessary to secure child support orders that respect both your family’s needs and the demands of military service.

Why Military Child Support Is Different: The Unique Legal Framework

Military child support cases diverge from standard Texas child support proceedings in five fundamental respects. Without counsel experienced in these distinctions, service members risk unfair support calculations, unintentional waiver of valuable benefits, and orders incompatible with military life.

1. The Definition of “Net Resources” for Military Personnel

Texas law defines net resources broadly, but military compensation includes unique components requiring specialized analysis. Our attorneys meticulously examine:

Basic Pay: This is straightforwardly included as monthly income. However, we ensure accurate calculation of base pay rates specific to rank, time in service, and any pending promotions.

Basic Allowance for Housing (BAH): BAH presents one of the most frequently litigated issues in military child support. Unlike civilian housing allowances, BAH is intended to defray off-base housing costs. Texas courts consistently include BAH in net resources calculations, regardless of whether the service member actually incurs housing expenses. Our attorneys ensure BAH is accurately documented at the correct rate for the member’s dependency status and geographic duty station.

Basic Allowance for Subsistence (BAS): This tax-free allowance for food is included in net resources. We verify proper calculation and ensure it is not improperly excluded.

Special and Incentive Pays: Flight pay, sea pay, hazardous duty pay, dive pay, imminent danger pay, and foreign language proficiency pay all constitute income for child support purposes. Our forensic analysis identifies all applicable special pays and ensures they are properly factored.

Combat Pay Exclusions: Critical for San Antonio’s deploying forces, combat pay is generally excluded from gross income for federal tax purposes, but its treatment for Texas child support is complex. While not automatically excluded, courts may consider the temporary nature of combat pay when setting support amounts. We advocate for appropriate treatment that neither unfairly inflates obligations during deployment nor leaves children under-supported upon the member’s return.

2. The Servicemembers Civil Relief Act (SCRA) and Child Support Proceedings

The SCRA provides vital protections for active duty members facing civil proceedings, including child support matters. Our military child support attorneys ensure these protections are fully utilized:

Stay of Proceedings: SCRA permits service members to request a stay (delay) of child support proceedings for at least 90 days when military duties materially affect their ability to appear or participate. We file proper SCRA stays with supporting affidavits, preventing default orders while our clients serve their country.

Stay of Execution: Following entry of a child support order, SCRA allows stays of execution for enforcement actions when military service prevents compliance. We invoke these protections when deployment or field exercises legitimately interfere with payment capabilities.

Vacating Default Judgments: Service members who never received proper notice of child support proceedings due to military duties may petition to vacate default orders under SCRA. Our firm aggressively pursues relief for members returning from deployment to discover orders entered without their knowledge.

Important Limitation: SCRA does not eliminate child support obligations. It provides procedural protections and prevents judgments without meaningful participation. Our attorneys navigate these protections while ensuring compliance with underlying support duties.

3. The 50-Mile Rule and Possession Orders

Texas family courts recognize that military service frequently prevents parents from exercising standard possession schedules. While the standard possession order presumes parents reside within 100 miles, military families face unique challenges:

Deployment and Extended TDY: When a service member deploys or undertakes extended temporary duty, the court may enter temporary possession orders preserving the member’s parental rights while excusing actual possession. We draft orders addressing:

• Make-up possession time following deployment return
• Virtual visitation via video conferencing during separation
• Designation of alternative caregivers to exercise possession on the member’s behalf
• Expedited hearings when deployment notice is short

Permanent Change of Station (PCS): Military families relocate frequently. When a PCS move affects possession schedules, we assist in modifying possession orders and, where appropriate, child support obligations. Our attorneys understand the specific documentation required and the timelines imposed by military orders.

Geographic Instability and Support Calculations: Texas courts may consider a service member’s frequent relocations when determining whether standard guideline support is just and appropriate. We present evidence of military mobility and its financial implications to achieve fair outcomes.

4. Military Retirement Pay and Child Support

Child support obligations do not automatically terminate upon military retirement, nor does retirement immunize retired pay from withholding. Our attorneys address:

• Direct Withholding from Retired Pay: Child support may be enforced against military retirement pay through the Defense Finance and Accounting Service (DFAS). We assist custodial parents in registering support orders with DFAS and represent retired members in ensuring accurate withholding.
• Division of Retired Pay as Support: In some circumstances, particularly where a non-military spouse has custodial responsibility, courts may allocate a portion of disposable retired pay as child support. This complex intersection of family law and federal military pension regulations requires counsel specifically versed in both systems.
• Survivor Benefit Plan (SBP) Considerations: For service members with child support obligations, SBP beneficiary designations may require modification to protect children’s interests. Our family law attorneys coordinate with military legal offices to ensure comprehensive estate planning that honors support obligations beyond the member’s lifetime.

5. Concurrent Receipt: VA Disability and Child Support

Veterans receiving VA disability compensation face distinct child support considerations:

• VA Disability as Income: Texas courts generally include VA disability compensation in net resources for child support calculations. However, the non-taxable nature of these benefits requires careful consideration when comparing income between military and civilian parents.
• Waiver of Retired Pay for VA Disability: Many military retirees waive a portion of retired pay to receive non-taxable VA disability compensation. This election reduces gross income on which child support is calculated. Our attorneys analyze whether such waivers were made in good faith and whether the underlying support order should be modified accordingly.
• TDIU and Unemployability: Veterans receiving Total Disability Individual Unemployability (TDIU) benefits present unique challenges in imputed income analysis. We represent both obligors and obligees in these complex calculations.

Comprehensive Military Child Support Services in San Antonio

Establishment of Initial Support Orders

Whether incident to divorce, separation, or paternity establishment, our military child support attorneys ensure your initial order accurately reflects all compensable income components, properly documents your rank and duty status, and includes provisions addressing future military contingencies.

We prepare comprehensive financial affidavits capturing every element of military compensation and draft proposed orders that:

• Explicitly define how BAH and special pays are treated
• Address support during deployment and contingency operations
• Provide for automatic review upon permanent change of station
• Coordinate with military medical benefits and Tricare obligations

Modification of Existing Orders

Military families experience frequent, substantial changes in circumstances warranting child support modification:

Promotion and Demotion: Changes in rank directly impact net resources. Whether you have earned a promotion or suffered reduction in grade, we file timely modification actions to align support obligations with current pay grades.

Changes in Duty Status: Transitions from active duty to reserve status, mobilization, demobilization, and retirement all affect income. Our attorneys ensure support orders reflect current duty status while anticipating future changes.

Service-Connected Disability: When military service results in disability affecting earning capacity, modification may be appropriate. We assist members in documenting service-connected impairments and advocating for equitable support adjustments.

Enforcement of Support Orders Against Military Members

For custodial parents seeking payment of past-due support from service members, military-specific enforcement mechanisms supplement civilian remedies:

DFAS Wage Withholding: We efficiently register orders with DFAS for direct income withholding from pay and allowances, often the most effective enforcement tool against active duty members.

Military Command Involvement: Unlike civilian employers, military commanders have significant interest in members’ compliance with legal obligations. We appropriately engage command channels when good-faith efforts to collect support fail.

Contempt Proceedings and Military Discipline: Willful nonpayment of child support constitutes conduct unbecoming and may subject members to nonjudicial punishment or court-martial. Our enforcement practice strategically utilizes this reality while affording members due process.

Defense of Service Members Against Unfair Support Claims

Military members facing excessive or procedurally defective child support claims require vigorous defense. We represent service members in:

• Contesting incorrect income calculations and overstatement of benefits
• Responding to motions filed without proper SCRA compliance
• Seeking modification when military duties prevent appearance at previously scheduled hearings
• Defending against enforcement actions where payment inability stems from military-caused financial hardship

Special Considerations for San Antonio’s Joint Base Community

San Antonio’s military character shapes our family courts’ approach to military child support. Bexar County family judges handle military cases daily and understand the unique rhythms of service life. Barton & Associates leverages this judicial familiarity while ensuring each service member’s individual circumstances receive particularized attention.

Lackland AFB: Our attorneys regularly represent personnel assigned to basic military training and technical training missions. We understand the constraints imposed by training command responsibilities and advocate for schedules and support orders accommodating these demanding roles.

Fort Sam Houston: Home to Army Medical Command and numerous medical training institutions, Fort Sam Houston personnel often face unpredictable schedules. Our modification practice aggressively responds to these operational realities.

Randolph AFB: As a pilot training installation, Randolph personnel frequently travel for temporary duty. Our orders anticipate these absences and provide clear protocols for support during TDY periods.

Camp Bullis and Martindale: Personnel assigned to these training installations often deploy or participate in extended field exercises. We ensure support orders include provisions for communication and compliance during these missions.

Why Barton & Associates for Military Child Support

Specialized Knowledge: Our attorneys maintain current knowledge of the complex interplay between Title 10 (military personnel), Title 37 (pay and allowances), Title 38 (veterans benefits), and Title 42 of the Texas Family Code. This interdisciplinary expertise is essential to accurate military child support.

Military-Connected Team: Many of our attorneys and professional staff have personal military connections through prior service or family relationships. We understand military culture, terminology, and the profound stress families experience during deployments and separations.

SCRA Proficiency: We have successfully invoked SCRA protections in hundreds of cases, preventing default judgments and ensuring deployed members’ voices are heard. Our firm maintains relationships with military legal assistance offices throughout San Antonio.

Bexar County Credibility: San Antonio family judges and masters trust our firm’s military child support calculations. Our reputation for accuracy, integrity, and zealous advocacy precedes us in every courtroom.

Holistic Representation: Military child support cannot be separated from related issues—retirement division, survivorship benefits, Tricare coverage, and possession schedules. Our integrated approach ensures all military compensation and benefits are addressed comprehensively, not piecemeal.

Frequently Asked Questions: Military Child Support in Texas

Q: Is BAH included in child support calculations even if I live in on-base housing and receive no cash allowance?
A: Yes. Texas courts consistently include BAH in net resources regardless of whether you personally receive the funds or housing is provided in kind. The court imputes the BAH value your rank and dependency status authorize.

Q: Does my child support continue during deployment?
A: Generally, yes. Deployment does not suspend child support obligations. However, you may seek modification if deployment significantly reduces your income (for example, loss of special pays) or if combat pay exclusions affect your compensation package.

Q: Can I be held in contempt for nonpayment while deployed?
A: SCRA provides significant protections against contempt and default judgments during deployment. However, you must affirmatively invoke these protections. We recommend addressing deployment contingencies in your original order or filing timely SCRA stays when deployment occurs.

Q: How is child support handled when I separate or retire from the military?
A: Separation and retirement constitute material and substantial changes warranting modification. You should file for modification immediately upon separation or retirement. Retroactive modification is not available; obligations remain at active duty levels until a court modifies the order.

Q: What happens to my child support obligation if I become disabled due to military service?
A: Service-connected disability may justify modification if it reduces your earning capacity or results in receipt of non-taxable VA disability compensation in lieu of retired or active pay. We assist disabled veterans in documenting their impairments and seeking equitable relief.

Q: Can Tricare benefits satisfy my medical support obligation?
A: Yes, providing health insurance through Tricare typically satisfies the medical support obligation. However, uninsured medical expenses (copays, deductibles, non-covered treatments) must still be allocated between parents. Your order should explicitly address Tricare and responsibility for uncovered expenses.

Protect Your Family and Your Service

Military service demands sacrifice—time away from family, exposure to hazard, and acceptance of orders beyond your control. Your child support obligation should not add unnecessary stress to an already demanding life. Nor should the parent caring for your children in your absence struggle to obtain the financial support your service makes possible.

At Barton & Associates, with offices in San Antonio, Austin and Corpus Christi, Texas, we bridge the gap between military service and family obligations. We help active duty members, reservists, veterans, and their families navigate the unique complexities of military child support with dignity, accuracy, and respect for your service to our nation.

Contact our San Antonio military child support attorneys today at 210-500-0000 to schedule a confidential consultation. You can also use our online Free Consultation form. Let us help you secure a child support order that honors your service while protecting your child’s future.

Main Category: Family Law
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000