Introduction
When a military parent or former spouse receives Permanent Change of Station (PCS) orders and is sent overseas, it can disrupt many aspects of their life—including their legal obligations under a divorce or custody order. Unfortunately, some service members attempt to use PCS relocation as a way to sidestep their financial responsibilities. Whether it’s alimony, child support, or both, relocating abroad does not erase a support order issued by a Florida court.
For the parent or former spouse remaining behind in Tampa, enforcing support against a military ex stationed overseas can feel like an uphill battle. But the law provides numerous tools and legal remedies for pursuing overdue or evaded payments—even when the obligated party is thousands of miles away on another continent. Courts do not excuse support evasion simply because a service member is stationed abroad.
A Tampa divorce lawyer experienced in military family law and support enforcement can help you identify the right strategies, file the necessary motions, and use both state and federal systems to hold a noncompliant ex accountable. This article explores what happens when an ex tries to evade support while PCS’ing overseas, what legal tools are available, and how a Tampa divorce lawyer can enforce your rights even across international boundaries.
PCS Orders and Jurisdiction: Why Moving Doesn’t Cancel Support
A PCS move is an official military order transferring a service member to a new duty station, which could be within the United States or abroad. While it changes the person’s physical residence, it does not change their legal obligations under a divorce judgment or child support order.
Under Florida law:
- Support obligations remain enforceable even after relocation.
- Jurisdiction over the case generally remains with the Florida court that issued the original order unless legally transferred.
- Military status does not immunize someone from enforcement actions.
A Tampa divorce lawyer will often register and enforce Florida support orders even when the obligor is stationed overseas under military PCS.
How PCS Can Be Used to Evade Support
Some service members attempt to use an overseas PCS move as a shield against enforcement. Common tactics include:
- Stopping or reducing payments without court permission
- Failing to update contact information with the court or opposing party
- Closing domestic bank accounts to avoid wage garnishment
- Claiming foreign income or allowances are exempt
- Relying on the logistical difficulties of serving legal documents overseas
However, none of these strategies hold up under scrutiny. Courts in Florida—and federal military enforcement authorities—have mechanisms for locating, contacting, and enforcing orders against overseas military personnel.
A Tampa divorce lawyer will immediately begin the process of enforcing support obligations through military channels and international procedures when faced with these tactics.
Servicemembers Civil Relief Act (SCRA) and Its Limitations
The Servicemembers Civil Relief Act (SCRA) provides certain protections to military members in civil litigation. However, it is often misunderstood.
Key SCRA provisions:
- Allows for a stay (pause) in proceedings if military duties interfere with participation.
- Does not excuse compliance with court orders.
- Does not erase support obligations.
- Requires proper application and documentation to invoke protections.
If your ex attempts to use PCS deployment to delay or ignore support payments, a Tampa divorce lawyer will ensure that the SCRA is not misused and that the court distinguishes between legitimate deployment hardship and deliberate evasion.
DFAS Involvement: Garnishment and Allotments
The Defense Finance and Accounting Service (DFAS) administers pay for all branches of the U.S. military. If a support order is not being followed voluntarily, DFAS can be instructed to deduct support payments directly from the service member’s pay.
Two key mechanisms are:
- Involuntary Allotments
A court order can direct DFAS to withhold support from the ex’s pay, even if stationed abroad. - Garnishment
Federal law allows child support and alimony to be garnished from military pay. A certified court order is required.
To initiate garnishment or an allotment, a Tampa divorce lawyer must submit:
- A certified copy of the support order
- An application for involuntary allotment
- A statement of arrears (if any)
DFAS honors valid court orders regardless of the service member’s location, meaning an overseas PCS assignment cannot prevent enforcement.
Intergovernmental Child Support Enforcement
If the support order involves child support and your ex relocates to a foreign duty station, Florida’s Department of Revenue Child Support Program can work with the federal Office of Child Support Enforcement (OCSE) and international partners to locate and enforce orders.
Key tools include:
- Federal parent locator service (FPLS)
- Passport denial or revocation
- Intergovernmental case referrals to foreign jurisdictions with reciprocity
- Income withholding orders
A Tampa divorce lawyer can file enforcement requests with the appropriate agencies and serve notice through military or diplomatic channels.
Contempt of Court for Nonpayment
A Florida court may hold a service member in contempt if they fail to comply with a support order. This is a powerful tool, and overseas PCS status is not an automatic shield against contempt.
Penalties for contempt include:
- Wage garnishment
- Payment of arrears
- Suspension of Florida driver’s license (when applicable)
- Seizure of bank accounts or tax refunds
- Jail (if the member returns to the U.S.)
To initiate contempt, a Tampa divorce lawyer will file a motion with the original Florida court, establish proof of the obligation and nonpayment, and request enforcement despite overseas service.
Uniform Interstate Family Support Act (UIFSA) and International Enforcement
Florida has adopted the Uniform Interstate Family Support Act (UIFSA), which governs support enforcement across state lines and includes provisions for international enforcement.
Under UIFSA:
- Florida retains jurisdiction over support orders it originally issued.
- Courts can enforce orders against a parent living abroad, including military members on overseas PCS.
- Foreign countries with reciprocal enforcement agreements can assist in collecting support.
The U.S. has bilateral agreements with many countries and is a signatory to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.
A Tampa divorce lawyer can use UIFSA procedures to initiate enforcement actions against an overseas ex and ensure cooperation between jurisdictions.
Military Pay and PCS Incentives: What Counts as Income?
Some service members believe that their overseas pay, combat zone allowances, or cost-of-living adjustments are exempt from support calculations. This is incorrect.
Florida courts include all forms of military income when calculating support:
- Base pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- COLA for overseas locations
- Hazard pay or deployment bonuses
These are counted toward gross income for both alimony and child support calculations. A Tampa divorce lawyer will ensure that any recalculations or enforcement include these components.
Modification Attempts Based on PCS Orders
Some service members attempt to lower their support obligation when sent overseas, claiming hardship or increased costs. Florida allows modifications of support—but only under strict conditions:
- There must be a substantial, material, and involuntary change in financial circumstances.
- The change must be permanent or long-term.
- The party requesting the change must act in good faith.
PCS moves do not automatically reduce income. In many cases, overseas pay increases. A Tampa divorce lawyer can challenge unjustified modification requests and request financial disclosures to prove the ex is not suffering economic hardship.
Discovery Tools and Evidence Gathering
If an overseas PCS ex attempts to evade support, discovery tools may be used to gather the evidence needed for enforcement:
- Interrogatories about current pay, location, and employment
- Requests for production of LES (Leave and Earnings Statement)
- Subpoenas to DFAS
- Depositions via Zoom or other virtual platforms
- Testimony from commanding officers if necessary
A Tampa divorce lawyer will conduct discovery aggressively to expose efforts to underreport income or hide assets.
Preventing Evasion Before the Move
When PCS orders are anticipated, proactive legal steps can help prevent evasion:
- Petition for income withholding before the move
- Update contact information in court files
- File a motion to require ongoing notice of employment and location
- Ask the court to require an allotment before departure
Taking action before the ex relocates ensures that systems are in place and that delays in communication or enforcement are minimized.
A Tampa divorce lawyer can file emergency motions and ensure compliance before the service member leaves U.S. jurisdiction.
Practical Enforcement Strategies for Tampa Parents
When facing an ex who has PCS’ed overseas and is trying to dodge support, here’s what a Tampa divorce lawyer may recommend:
- Track Down Location and Duty Station
Use military databases, the Department of Defense locator service, or DFAS assistance. - Request Certified Orders for DFAS Enforcement
Send updated, certified copies of court orders directly to DFAS for allotment or garnishment. - File for Contempt in Florida
Even if your ex is abroad, a Florida court retains jurisdiction and can issue enforcement orders. - Cooperate With Military Command
Commanding officers may intervene in cases of support evasion. Documentation of the order and noncompliance may prompt action. - Use Federal Tools
Consider passport restrictions, tax refund interception, and international enforcement under UIFSA. - Gather Evidence of Lifestyle
If your ex is living well overseas, you can document this to rebut claims of hardship and support underpayment. - Request Attorney’s Fees
Florida courts may award fees to the aggrieved party when the other side deliberately evades support.
FAQ: What if Your Ex Tries to Evade Support While PCS’ing Overseas?
Can a service member PCS’ing overseas avoid paying child support?
No. PCS orders do not excuse support obligations. Florida courts and DFAS can enforce support orders while the member is abroad.
Can DFAS garnish pay from a service member stationed overseas?
Yes. DFAS honors garnishment and allotment orders from U.S. courts regardless of the service member’s location.
Does a military PCS change jurisdiction for child support?
Not automatically. Florida retains jurisdiction if it issued the original support order.
Can my ex lower support payments by claiming overseas hardship?
Only if there’s a substantial, material, and involuntary change in financial circumstances. PCS moves rarely qualify.
What if I can’t find my ex after they PCS overseas?
A Tampa divorce lawyer can use federal locator services, military contacts, and international tools to locate and enforce.
Can military allowances like BAH and COLA be used to calculate support?
Yes. All forms of military pay are included in Florida support calculations.
What if my ex claims the SCRA protects them from enforcement?
SCRA allows delays in proceedings but does not cancel support orders or payment obligations.
Can I file a contempt motion if my ex is overseas?
Yes. Florida courts can issue contempt orders and penalties even while the obligor is out of state or abroad.
Will the military force my ex to pay support?
Possibly. Commanders may intervene if they receive proof of noncompliance and court orders.
Can I collect back child support owed before the PCS move?
Yes. You can collect arrears through court orders, wage garnishment, tax refund offsets, and more.
When an ex attempts to dodge court-ordered support by moving overseas on PCS orders, it’s critical to act quickly and assertively. Florida courts retain jurisdiction, and military law offers multiple avenues for enforcement. A Tampa divorce lawyer with experience in military family law, child support enforcement, and intergovernmental coordination will ensure that service does not become a shield for financial evasion. You don’t have to accept unpaid support or delayed payments just because your ex has PCS orders. With the right strategy and legal action, justice can reach them—no matter where they are stationed.
The McKinney Law Group: Tampa Divorce Attorneys Delivering Personalized Legal Strategies
At The McKinney Law Group, we provide more than legal services—we deliver custom strategies designed around your specific divorce goals. We help Tampa clients protect their futures by approaching every case with diligence, discretion, and precision.
We offer support in:
✔ Divorce planning tailored to your family and finances
✔ Parenting time arrangements and shared custody solutions
✔ Division of marital and personal property
✔ Litigation of complex or contested divorce matters
✔ Post-judgment legal support when situations change
Call 813-428-3400 or email [email protected] to begin.