Introduction
When a military reservist is called to active duty, it often comes with rapid and dramatic changes in income, location, and availability. For reservists who are also divorced or separated, this transition can directly impact their existing support obligations. In Florida, child support and alimony orders are based on income, and when that income shifts due to deployment, legal questions quickly arise. Can support be reduced? What about enforcement while the reservist is away? Will deployment delay proceedings, or can a temporary modification be requested?
Support orders don’t automatically change just because a reservist transitions from civilian life to active duty. Florida courts expect continued compliance with standing orders unless and until the reservist seeks formal relief. That said, service members are not without protection—federal law offers procedural safeguards, and Florida law provides mechanisms to fairly adjust support obligations when circumstances warrant it.
A Tampa divorce lawyer experienced in military family law can help reservists and their co-parents navigate this complex area. Whether you are the reservist seeking a modification or the recipient trying to enforce support, it is essential to understand how activation impacts legal obligations. This article explores what changes when a reservist is called to active duty, the procedures for modifying support orders in Florida, and how to protect your rights and obligations during this time of service.
Understanding the Transition: From Civilian to Active Duty
Reservists typically maintain civilian employment and only serve part-time under routine conditions. However, when called to active duty, their income, location, and schedule may change significantly. Active duty pay includes:
- Base pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Deployment bonuses or hazard pay (depending on duty station)
For some, active duty results in a pay increase—particularly if the reservist was working part-time or earning minimum wage. For others, especially those in higher-income civilian careers, military pay may represent a substantial decrease.
A Tampa divorce lawyer will examine both the civilian and military income records to determine whether the call to active duty creates a legal basis for modifying support obligations.
Florida Law on Support Orders and Changing Circumstances
Under Florida law, both child support and alimony are subject to modification when there is a “substantial, material, involuntary, and permanent” change in circumstances. Florida Statutes §§ 61.13 and 61.14 govern child support and alimony modifications.
Key principles:
- A change in income must be significant and involuntary.
- The change must have a meaningful impact on the ability to pay or the need for support.
- Courts may grant retroactive relief only to the date a petition to modify was filed.
In the context of military activation, courts must evaluate whether the income change is temporary or sufficient to merit a modification. A Tampa divorce lawyer can file a supplemental petition for modification and gather the necessary evidence for the court.
Servicemembers Civil Relief Act (SCRA): Delaying Proceedings
The Servicemembers Civil Relief Act (SCRA) offers procedural protections to active duty service members, including reservists recently called to service. It applies to civil cases—including family law matters.
Key SCRA provisions:
- Allows for a stay (delay) in proceedings if military service affects the ability to participate.
- Requires a written request and statement from the commanding officer.
- Provides an initial 90-day stay, with further stays at the court’s discretion.
SCRA does not automatically excuse or modify support obligations—it simply prevents default judgments and gives the service member time to respond.
A Tampa divorce lawyer will help service members invoke SCRA rights properly and avoid adverse rulings while deployed.
Income Withholding Orders and DFAS
Once a support order is in place, the court may issue an income withholding order, directing the obligor’s employer to withhold support from wages. When a reservist is activated, their civilian employer may no longer be responsible for withholding. Instead, the Department of Defense’s Defense Finance and Accounting Service (DFAS) takes over.
DFAS handles:
- Garnishment of military pay for child support or alimony
- Processing of income withholding orders
- Payment directly to the recipient
To update enforcement, a Tampa divorce lawyer will file a certified income withholding order with DFAS and provide updated account and case information.
Calculating Military Income for Support Purposes
Determining income for support purposes requires a careful review of military pay documents, including the Leave and Earnings Statement (LES). Income may include:
- Base pay
- BAH and BAS (considered income for support)
- Incentive or deployment pay
- Bonuses
- Tax-free status for certain allowances
Courts do not use only base pay. A Tampa divorce lawyer will analyze the complete LES and ensure all appropriate income sources are disclosed—especially if one party seeks to conceal total compensation.
How Deployment Affects Parenting Time and Support
Deployment often requires a temporary change to the parenting plan. This may impact time-sharing and raise questions about child support, which is based in part on overnights spent with each parent.
If the reservist-parent:
- Temporarily loses parenting time due to deployment
- Delegates time-sharing to a relative
- Loses income while deployed
Then courts may consider a temporary adjustment to support. However, the non-military parent cannot unilaterally block the reservist’s time-sharing or demand a support increase unless the court approves a modification.
A Tampa divorce lawyer will help draft or respond to motions for temporary adjustments to parenting time and ensure that financial obligations reflect actual circumstances.
Modifying Support Based on Income Decrease
Reservists whose income drops significantly during active duty may file for a downward modification of support. However, courts will require:
- A supplemental petition for modification
- Proof of involuntary income change
- Documentation of military pay (LES)
- Evidence that the reduction materially affects ability to pay
Florida courts are reluctant to modify support based on short-term changes unless the duration of service will meaningfully alter the family’s financial structure.
A Tampa divorce lawyer will present a strong case with supporting documents and advocate for temporary or permanent relief where appropriate.
Opposing Unjustified Modification Requests
In some cases, a reservist called to active duty may try to reduce or eliminate support despite still receiving sufficient income. The recipient of support can oppose the modification by:
- Showing that the reservist’s overall income (including BAH/BAS) has not decreased significantly
- Arguing that the service is temporary and does not justify long-term changes
- Demonstrating continued need for support
A Tampa divorce lawyer representing the recipient will challenge the reservist’s calculations and request that the court preserve the existing order or grant only a short-term modification.
Retroactive Relief and the Importance of Timing
Florida courts may grant retroactive modification—but only back to the date the request was filed. If the reservist delays filing for modification, they remain liable for the full amount of the original order, even if their income changed earlier.
For example:
- Reservist called to active duty in January
- Files for modification in June
- Court may only adjust support back to June, not January
This makes early filing essential. A Tampa divorce lawyer will act quickly to file the petition and preserve retroactive relief options.
Contempt and Enforcement Against Activated Reservists
If a reservist fails to pay support during active duty, enforcement actions remain available. Courts can:
- Garnish military pay through DFAS
- Hold the reservist in contempt
- Enter a judgment for arrears
- Order payment of attorney’s fees
- Suspend driver’s licenses (subject to military policy)
Courts may show some flexibility based on deployment hardships but will not tolerate intentional nonpayment. A Tampa divorce lawyer will pursue enforcement while respecting military duties.
Temporary Delegation of Parenting Time During Deployment
Florida law permits a deployed service member to delegate their parenting time to a family member or stepparent with a close bond to the child. This delegation:
- Preserves the service member’s relationship with the child
- Prevents loss of parenting rights due to absence
- Supports stability during deployment
The court must approve the designee, and the arrangement must serve the child’s best interest.
A Tampa divorce lawyer will file the appropriate motion and ensure parenting rights are preserved during military service.
Best Practices for Reservists Facing Activation
- File Promptly
If you anticipate a drop in income, file a petition for modification immediately. - Submit Updated Financials
Provide LES statements, activation orders, and other proof of income change. - Request SCRA Protections If Deployed
File for a stay if you are unable to participate in hearings due to service. - Maintain Contact With Children
Schedule calls, video chats, and keep involved even during deployment. - Document Efforts to Pay
If full payment isn’t possible, pay what you can and maintain records.
A Tampa divorce lawyer will help reservists fulfill their duties while maintaining compliance with support orders.
Best Practices for Recipients When the Paying Parent Is Activated
- Monitor Payment Compliance
Ensure support continues as ordered. If not, seek enforcement. - Challenge Incomplete Modifications
Do not accept verbal requests to reduce support. Insist on court approval. - Gather Evidence of Income
BAH/BAS and other allowances are income for support purposes. - Be Flexible Where Appropriate
If the reservist has a legitimate hardship, temporary adjustments may be fair. - Consult With Legal Counsel Early
Don’t wait for arrears to build up. A Tampa divorce lawyer can act fast.
Long-Term Impact of Activation on Support and Custody
Military service does not eliminate parental responsibilities. Courts aim to balance respect for military obligations with protection of children and financial fairness.
Over time, if a reservist consistently fails to comply or abuses the system, the court may:
- Adjust time-sharing or custody
- Increase support
- Penalize through sanctions or fee awards
But if the reservist acts in good faith, complies with orders, and maintains involvement, courts will protect their rights.
A Tampa divorce lawyer ensures that legal outcomes align with the service member’s conduct and the law.
FAQ: Support Orders for Reservists Called to Active Duty
Does my support obligation change automatically when I’m activated?
No. You must file a petition for modification with the court. Without court approval, the original amount remains enforceable.
What if my military pay is lower than my civilian salary?
You may qualify for a reduction in support, but you must prove the income decrease is substantial, involuntary, and impacts your ability to pay.
Can I stop paying support while deployed and resume later?
No. Unless the court grants a modification, you must continue paying as ordered.
Will the court count my housing allowance as income?
Yes. BAH, BAS, and other allowances are considered income for support purposes under Florida law.
Can I get a delay in court proceedings if I’m deployed?
Yes. The Servicemembers Civil Relief Act allows you to request a stay of proceedings if service impacts your ability to participate.
How do I pay support while on active duty?
You can set up voluntary allotments or the court can garnish your pay through DFAS.
Can I delegate my parenting time while I’m deployed?
Yes, with court approval. You can designate a family member or stepparent if the child has a strong relationship with them.
What happens if I fall behind during deployment?
You may face enforcement actions including garnishment, contempt, or arrears judgments. Filing early for modification can prevent this.
Will courts hold it against me if I miss parenting time due to service?
No. Florida law protects military parents from losing custody or time-sharing due to deployment.
Should I hire a lawyer before or after being activated?
Before. A Tampa divorce lawyer can preserve your rights and file necessary motions before deployment begins.
Reservists called to active duty face unique legal challenges—but they also have legal protections. Whether you are the reservist trying to adjust support due to a change in income or the recipient seeking enforcement of an existing order, it’s important to understand that activation does not cancel financial obligations. A skilled Tampa divorce lawyer can guide you through modifications, enforcement, and parenting adjustments with clarity and precision. With the right legal support, military service and family obligations can be balanced without sacrificing fairness, compliance, or long-term parental rights.
The McKinney Law Group: Divorce Representation That Works for You in Tampa
At The McKinney Law Group, we focus on legal solutions that serve your best interests—not one-size-fits-all answers. We help Tampa clients make informed decisions throughout the divorce process and emerge with a plan they can trust.
We help with:
✔ Understanding your legal rights under Florida law
✔ Resolving child custody, support, and relocation issues
✔ Fairly dividing assets, income, and debts
✔ Drafting enforceable settlement agreements
✔ Representing you in court when necessary
To speak with a divorce attorney, call 813-428-3400 or email [email protected].