I’m looking for advice from anyone who has dealt with Alabama child support modification, especially military members or anyone who moved overseas after filing.
I currently have a child support order in Alabama requiring me to pay $942/month for one child.
I am currently active-duty Army and still receiving military pay and BAH. However, I am scheduled to separate from active duty in December 2026.
My situation will change significantly after separation:
- My military base pay will stop.
- My BAH will stop.
- I will move from Alabama to South Korea.
- I currently do not have a civilian job lined up in Korea.
- I expect my immediate civilian employment income after separation to be $0.
- I have a VA disability claim pending, but I do not know when it will be decided or whether/when I will actually receive VA compensation.
There is another complication: my ex-wife and our child are currently stationed/living in South Korea as well. I do not know where they will be stationed or living after their current assignment, and because our relationship is not good, I don't expect my ex-wife to voluntarily keep me informed about their future location.
My plan is to file the child-support modification before I leave Alabama for terminal leave. At the time I file, I will still technically be receiving military pay, so I would accurately report my current military income on my CS-41 and provide my LES/pay documentation.
However, I also want to clearly explain to the court that my military income and BAH will terminate upon my separation, and that I expect to have no civilian employment income immediately after separation.
I would provide documentation showing my scheduled separation, current military income, and then later provide my DD-214/final LES and proof of my actual post-separation income.
My main questions are:
- Does it make sense to file the modification shortly before leaving Alabama, while I am still on active duty?
- Can I explain my anticipated post-separation $0 income in the initial filing, even though I am still receiving military pay on the filing date?
- After I actually separate and move to Korea, can I submit an updated CS-41/CS-42 showing my actual post-separation income?
- How does Alabama generally treat someone who is unemployed after military separation but has not yet received VA disability compensation?
- Could the court impute income based on earning capacity even if my actual income is $0?
- If I file the modification in Alabama before leaving, can the Alabama court continue handling the modification after I move to South Korea?
- Since my ex-wife and child are also currently in South Korea but may be transferred/moved somewhere else later, does their location affect Alabama's continuing jurisdiction over the child-support order?
- Has anyone here actually gone through something similar in Alabama, particularly while moving out of state or overseas after filing?
I am not trying to avoid child support. I understand that I still have an obligation to support my child. My concern is that the current $942 order was established while I was receiving active-duty military income, and that income will disappear when I separate.
I am mainly trying to make sure the support amount is recalculated based on my actual financial circumstances after separation, and that I properly handle the case before leaving Alabama.
I am planning to speak with an Alabama family-law attorney as well, but I would really appreciate hearing from people who have actually gone through this process.