Aurora Child Support Attorneys: How Child Support Payments Are Affected By Deployment

For military families in Aurora, CO coping with deployment brings added challenges. Managing child support obligations amidst orders to report for duty adds further complications.

How does active deployment impact existing child support when a parent serves abroad? Can payments be modified temporarily until the service member returns home? What about visitation rights in the meantime?

 

This article provides an overview of how deployment typically affects child support for Aurora families. Understanding the military provisions helps ease financial stress.

 

Initial Considerations

First, when a child support order is already established and a parent faces pending deployment, key initial factors include: 

 

– Which parent is being deployed, the obligor or obligee? This determines if payments will continue as-is or need adjusting.

 

– Will the custodial role change during deployment? Some families have children stay with relatives temporarily while a single parent is away.

 

– What communication/visitation will occur during deployment? The child’s schedule often changes.

 

– How long is the expected deployment? Shorter or longer terms of duty call for different support modifications.

 

Thinking through these dynamics upfront allows smoother temporary orders. An Colorado child support attorney can walk through the considerations.

 

Impact on the Non-Deploying Parent

 

When the parent ordered to pay support deploys, the financial impact on the stay-at-home parent must be addressed. Options may include: 

 

– Maintaining the existing support order if the deployed parent’s income is uninterrupted. This provides continuity for the child.

 

– Suspending or lowering monthly support if the deployed parent cannot make full payment. Unpaid amounts accrue as arrears.

 

– Increasing support before deployment if assets allow to create an advance cushion for the at-home parent.

 

– Modifying monthly support to reflect added caregiving costs for the child during deployment.

 

The court can tailor temporary orders to alleviate financial hardship on families.

 

Impact on the Deploying Parent 

 

A different situation arises when the parent receiving child support deploys. Issues to address may be:

 

– Should support payments continue to the deployed parent while a guardian temporarily cares for the child?

 

– If visitation is suspended, should support payments also stop until the deployed parent returns?

 

– Will phone/video contact with the child continue? Does it replace in-person visitation?

 

– How will decisions for the child be handled between guardians and the deployed parent?

 

– Does the temporary guardian need financial assistance to cover child costs?

 

An Aurora,Colorado child support attorney can propose workable solutions to account for the deploying parent’s absence.

 

Modifying Child Support Orders

 

To formally adjust child support during deployment, parents must petition the court to modify the existing order, either temporarily or permanently. 

 

Modifications require showing a “significant change in circumstances” – which deployment qualifies as. Possible changes may include:

 

– Reducing/suspending payments from the deployed parent

 

– Increasing support paid to the at-home caregiver

 

– Changing custody and visitation terms

 

– Extending support for 18+ year olds still in high school

 

– Allocating GI benefits like housing allowance to child costs

 

The court will review current incomes and caregiving duties before modifying support orders accordingly.

 

 Specifying a Start and End Date

 

Child support modifications for deployment should designate clear start and end dates, such as:

 

– Start date: The date of deployment when changes take effect.

 

– End date: The expected return from active duty when original support terms resume.

 

Providing definitive dates eliminates confusion. If return gets delayed, parents can petition again to extend modified support during a tour of duty extension.

 

Handling Mobilization Pay

 

What about extra deployment income sources like mobilization pay? In Colorado, mobilization pay is not counted toward gross income when calculating child support.

 

These special duty allowances help cover transition expenses from civilian to military life. Deploying parents need this extra pay to replace normal earnings lost by deploying.

 

However, judges have discretion whether to include factors like hazardous duty pay in gross income. Court orders should spell out exactly which pay types to include or exclude.

 

 Consulting an Attorney 

 

Navigating changes to child support and custody during deployment has pitfalls. An experienced Aurora child support attorney can help:

 

– Guide parents in requesting fair support modifications based on financial realities.

 

– Draft appropriate temporary orders to accommodate deployment circumstances. 

 

– Resolve co-parenting and visitation disputes related to mobilization.

 

– Advise parents on documenting informal agreements made.

 

– Explain military provisions that apply to Colorado child support policies.

 

– Revert support to original orders once deployment concludes.

 

With legal guidance, parents can focus on serving their country while children receive consistent care.

 

Common Child Support Questions Around Deployment

 

Military deployment throws unique curveballs at child support arrangements. Here are some frequent questions Aurora attorneys hear:

 

1. How much notice should I provide about upcoming deployment? 

 

Give as much notice as possible. This allows smoother legal preparation and child care plans.

 

2. Do I still owe child support if I am deployed to hazardous duty?

 

Yes, but the court may modify terms to accommodate income realities while away.

 

3. Can I see my kids if my ex is deployed and I’m not the guardian?

 

It depends. The temporary guardian has authority in the military parent’s absence.

 

4. My deployment was extended – what should I do about child support orders?

 

File for an extension of the modified support terms coinciding with your extended duty.

 

5. I was wounded during deployment. Can this reduce my child support?

Yes, becoming disabled on duty warrants pursuing a modification based on medical retirement income.

 

Let an Aurora, Colorado attorney handle the legal details so you can focus on serving our country. Temporary changes make support work for all.