Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.

How do family courts view your military allowances?

As a member of the military in San Antonio, you are likely very familiar with reasons behind your current military pay scale placement. However, if you also happen to be a spouse (or a parent) that is in the process of filing for divorce, you may not know exactly how the court views your income status when determining things such as alimony or child support. Military members receive added benefits on top of their regular pay which many view as offering income advantages not enjoyed by civilians. The question is whether or not those benefits affect the amount the court considers when determining your potential child and spousal support obligations.

The benefits that most refer to when highlighting the income advantages that military members such as yourself enjoy are your allowances for housing and subsistence. You may wonder why these allowances are viewed as being advantageous given that similar benefit programs exist for civilians. This is due to the fact that military allowances are tax-exempt, while comparable public assistance is not. Because of the tax advantages that your housing and subsistence allowances provide, your income status is viewed differently than that of a private citizen. The Department of Defense publishes a chart annually that considers your regular pay along with your special allowances and offers a comparable civilian equivalency. That figure may be the one the court uses when determining your financial obligations following a divorce.

The good news is that, according to the Texas Attorney General’s Office, your military allowances cannot be garnished to meet your payment obligations. Plus, as those amounts may fluctuate if you are deployed, you are allowed to seek a modification from the court to account for your adjusted income while you are away. 

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

Toll Free: 888-447-9456
Phone: 210-807-8158
Fax: 210-227-5353
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