Support and Deployment
Spousal Support When a Spouse Is Deployed
California Family Code 4320 and military income calculations
When a service member deploys, their income often increases through combat pay, family separation allowance, and tax advantages. At the same time, their spouse may remain in California with reduced household income and increased responsibilities. These competing financial changes create complex support calculations that civilian attorneys often mishandle.
At Hayat Family Law, we represent clients in Lemoore and Twentynine Palms on both sides of this equation. These three facts explain how California courts handle spousal support when deployment enters the picture. The analysis is complicated by the temporary nature of deployment income, the nontaxable status of many allowances, and the potential for significant income changes when deployment ends.
Spousal support in California is governed by Family Code 4320, which lists specific factors courts must consider. These factors include the standard of living during marriage, the supported party’s marketable skills, the duration of marriage, and the ability of the supporting party to pay. Military status does not change these factors, but the unique circumstances of military life may affect how the court applies them.
Deployment Income Counts Toward Support
California Family Code 4058 requires courts to consider all income when calculating spousal support. Deployment related income, including family separation allowance, combat pay, and hardship duty pay, increases the service members total income. While combat pay is not taxed federally, California courts may still include it in the support calculation. The higher income during deployment can result in higher temporary support orders while the service member is overseas.
The inclusion of deployment income creates a counterintuitive situation for many service members. They may believe that because they are serving their country in a combat zone, their support obligations should be reduced or suspended. California courts do not view deployment as a basis for reducing support. Instead, they view the increased income as a basis for potentially increasing support.
The service members attorney must present the deployment income accurately while also explaining its temporary nature. If the court orders support based on deployment income, the service member may face a significant financial burden when deployment ends and income returns to normal. Addressing this potential disparity in the original order prevents future modification disputes.
FC 4320 Factors Apply Regardless of Military Status
California Family Code 4320 lists specific factors for spousal support awards, including the standard of living during marriage, the supported party’s marketable skills, the duration of marriage, and the ability of the supporting party to pay. Military status does not change these factors. However, the transient nature of military life, frequent moves that disrupt the civilian spouses career, and the service members retirement benefits may weigh heavily in the analysis.
Courts recognize that military spouses often sacrifice career advancement for the service members career. A spouse who followed the member through multiple PCS moves may have been unable to establish a career, build seniority, or obtain professional licenses in each new state. This career sacrifice is a legitimate factor under FC 4320 and may justify higher or longer support awards.
The duration of marriage also matters significantly. A 20 year marriage during which the civilian spouse sacrificed career opportunities receives different treatment than a 2 year marriage where both parties worked. The court examines the economic impact of the marriage on each party and attempts to place both in a position to maintain the marital standard of living.
Support Modifications Address Income Changes
When deployment ends, the service members income typically decreases as special pays stop. Either party can request a modification of the support order based on this changed circumstance. California Family Code 4330 allows courts to modify support orders when there has been a material change in circumstances. The decrease in income after deployment may justify a support reduction, though the court will examine the members total compensation including regular military pay and allowances.
Modification requires more than a simple income decrease. The party seeking modification must demonstrate that the change is material, substantial, and permanent. A temporary decrease in income due to the end of deployment may not qualify if the members base pay and allowances remain sufficient to meet the original support obligation. The court examines the totality of the circumstances, including the supported spouses needs and the supporting spouses ability to pay.
The modification process requires filing a request with the court, serving the other party, and presenting evidence of the changed circumstances. Both parties should provide current Leave and Earnings Statements, tax returns, and documentation of any new income sources or expenses. The court then recalculates support using the statutory factors and issues a modified order. This process typically takes 3 to 6 months.
Income Types During Deployment
Basic Pay: Taxable, counted for support
BAH: Nontaxable, counted for support
Combat Pay: Nontaxable, usually counted
Family Separation Allowance: Nontaxable, counted
Hardship Duty Pay: Taxable, counted
Handle Support During Deployment Correctly
Deployment income changes require careful legal analysis. Protect your rights whether you are the service member or the spouse.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700 D
Santa Monica, CA 90401
Phone: 310 917 1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818 380 3039
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
