MILITARY PERSONNEL; CHILD SUPPORT;

You asked whether Connecticut or any other states have laws to help military reservists called to active service who experience a reduction in income meet their child support obligations. You also wanted to know whether the federal government has attempted to deal with this issue.

SUMMARY

Missouri is the only state we found that has a law automatically permitting a parent to request review and modification of a child support order when called to active duty for more than 30 days at a lower pay rate than what was used to set his support obligation. It grants an exception in this situation from state laws restricting how often obligors can ask the court to review support orders and the formula for determining what constitutes changed financial circumstances.

The federal Office of Child Support Enforcement has asked all state child support enforcement agencies to give parents in the military reserves or National Guard the highest priority for review and adjustment services. Connecticut’s Support Enforcement Services (SES) has recently developed implementing procedures, copies of which are enclosed. David Panke, deputy director of SES, reports that the unit has received one request for an expedited review since the procedures were implemented.

GUARD AND RESERVE MEMBERS’ CHILD SUPPORT OBLIGATIONS

All branches of the armed forces have regulations that require soldiers to comply with support obligations to their wives and children. Administrative actions and courts martial can be brought against those who fail to do so. In the Army, the maximum punishment for this offense is a dishonorable discharge, forfeiture of all pay and allowances, confinement for two years, and reduction to the pay grade of Private E-1. The decision to take disciplinary action against the soldier belongs to the commander (AR 608-99). The other service branches have similar penalties.

Child support obligations of parents in the military reserves or National Guard are generally based on their civilian earnings. When called to active duty, their countable income may be less than that used to set their support obligations, but they remain responsible to pay the full amount until a court orders otherwise.

Missouri Law

Missouri’s law was enacted in 1991 in response to the activation of reservists during Operation Desert Storm. It requires the state’s Division of Child Support Enforcement (DCSE) to consider a call-up that changes a parent’s income a “change in circumstances so substantial and continuing as to make the terms of any order of judgment for child support or visitation unreasonable” (Mo. St. 452. 416. 1).

Ordinarily, parents in Missouri cannot seek modifications more often than once every three years, and then only when their support order is at least 20% above or below the amount recommended by the state’s child support guidelines. But parents who have been called to active duty for more than 30 days can ask for a review and modification regardless of these two limitations. The activated parent must include with the request copies of his latest leave and earning statement and military orders. DCSE must also conduct a review and modification when it receives a notarized letter from an activated parent’s commanding officer containing the same information (452. 416. 2).

Parents must notify DCSE when they return from active duty. At that point, the agency must take appropriate action to modify the support order (452. 416. 3).

CONNECTICUT’S SES PROCEDURES

When SES staff learn a child support enforcement program participant is seeking review and modification based on a call to active service, procedures implemented March 10, 2003 require the staff to send him a special form the Judicial Department created for military reservists. SES must tell him to complete the form and return it as quickly as possible to the central processing unit (CPU), rather than to the local field office where such requests would ordinarily go. When the CPU’s calculations indicate a substantial deviation from the Child Support Guidelines (i. e. , 15% above or below the recommended amount), it must prepare a modification motion and forward it to the appropriate SES field office for service on the other parent. The CPU’s cover memo must clearly state “Military Reservist. ”

Field staff must immediately assign the motion for service of process. Supervisors must instruct those serving these motions to give them priority and make every effort to serve them in an expedited manner. By law, courts and family support magistrates can make modified support orders retroactive to the date the motion was served on the other parent.

SP-L: eh