Federal regulations require U.S. military service members and veterans to provide child support to their custodial and non-custodial children.1 The rules for military personnel do not override or conflict with state rules regarding child support. Instead, they ensure compliance with payment and provide an interim guideline for calculating financial responsibilities when a legal agreement has not yet been reached.
If there is a written support agreement between the military service member and the child’s other parent or when there a state court order has been in place, a military service member is required by law to provide financial support under the terms of the agreement or legal court order. In the absence of a plan for financial child support, interim support measures are determined by the military until a court order is obtained.
When it comes to getting the right level of support for the child or children of a service member, Child Support Services (CSS) uses a voluntary support agreement. Only if an agreement does not exist or is not obtained will the CSS proceed through military-determined interim support measures until a formal long-term plan or agreement is established.