Calculating Child Support


#1

Your military retirement is divided like this - She will be entitled to 1/2 of the retirement you earned while married (minus SBP payments - Try to get children only - and any disability). I served for 21 years, was married for 15, so she get 37%. If you were married when you joined and are not separated prior to your discharge, she will be entitled to 50%. And all of this is negotiable.
Once it is in the decree, the retirement pay will count as income for both of you.
Whatever percentage disability you receive, it is against Federal law for her to have any claim against. It is taken away from your retirement total.
If you get divorced prior to your discharge, remember - She is only entitled to a percentage of your TAXABLE income. My lawyer screwed me on that one! No BAH, Sep Rats, COLA, only base pay.

Hope this helps,
John


#2

Military retirement will count as income if you are receiving monthly payments at the time that child support is calculated.

Your disability income will be used when calculating child support if you are receiving monthly payments.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Does a military retirement count against gross income when calculating child support?

I understand it is separated as property. Once it is divided between spouses how does that affect support amounts?

Is the percentage of a military disability counted toward child support as well?

Thanks