Is Military Retirement "income" for child support?

[ZmansGirl09]

What is the name of your state (only U.S. law)? Nevada

When figuring child support, is military retirement included in the "income" (since I have a civilian job now that I'm retired military) or is military retirement a seperate entity, since military has its own set of rules for paying spousal support out of retirement?

 

[IrishLady47]

Yes, military retirement is considered income for determining child support (and spousal support).

BTW, the "military" has no rules concerning spousal support out of military retirement. Military retirement can be considered a marital property and is subject to division during a divorce. This is not spousal support.

 

[ZmansGirl09]

Spoke to a military lawyer today. He said that only the part of military retirement that I actually receive is considered as income for child support. Lets say that my retirement is $1000. She gets $400, I get $600. Only the $600 is considered as my income. (Plus my current civilian job, of course.)

 

[IrishLady47]

Well, no kidding. If you're not receiving all of it, only the portion you receive would be your INcome. The portion she receives is considered part of her INcome.

If you had said that you were not receiving all of your military retirement in your original question, you would have received an answer that accounted for that fact.

 

[ZmansGirl09]

Well, no kidding. If you're not receiving all of it, only the portion you receive would be your INcome. The portion she receives is considered part of her INcome.

If you had said that you were not receiving all of your military retirement in your original question, you would have received an answer that accounted for that fact.

I am not practiced at getting divorced, and I have no wish to be practiced at it. That means I stumble, still, with questions, ideas, and paths I investigate.

The purpose of asking questions is to learn. The purpose of learning is to grow. The purpose of growing is to get better at whatever you're asking questions about.

The purpose of answering questions is not be be high-and-mighty with an attitude, to be rude, or condescending. I'm not a child, an imbecile, or incompetent.

I've had some helpful people and empathy on these forums, but its answers like yours above that really put these forums to shame. If you've forgotten what its like to be human, maybe you should consider applying your talent (or lack thereof) to a different forum.

 

[IrishLady47]

So you're allowed not to be perfect, but I'm supposed to be? That's human?

My purpose in answering questions is to provide the most accurate information so that it assists the person who asks. I did get a little snotty, but it is frustrating to know that one did not receive enough facts to give a correct response.

I've been helping soldiers for over 35 years and I can help the most when I get the facts.

Since you're are interested in learning, I hope you learned how important it is to provide salient facts when asking for information.

My first response was not condescending in any way whatsoever, but only given to help. But I guess it is not rude to forgo a thank you.

 

[ZmansGirl09]

Touche. One should always look in the mirror, yes?

You're correct. I'm trying hard to learn what to say and what to ask, and yes, its important to do both as accurately as possible.

I do owe you a "thank you" for trying to help, and so, Thank You. I appreciate these forums a LOT, and the people who reply in them. I wouldn't even know where to START on some things if it weren't for places like this and people like you.

I apologize for lumping you into a group of, well, not-so-nice folks. Thank you for helping me see things in a different perspective. What we are thinking makes sense to ourselves and its not a bad thing to express that, if we're willing to listen in return.

I'll likely be back asking more questions and I really will try my best to get them right. I hope your weekend is exceptional and peaceful. Take care.

 

[proud_parent]

Touche. One should always look in the mirror, yes?

You're correct. I'm trying hard to learn what to say and what to ask, and yes, its important to do both as accurately as possible.

I do owe you a "thank you" for trying to help, and so, Thank You. I appreciate these forums a LOT, and the people who reply in them. I wouldn't even know where to START on some things if it weren't for places like this and people like you.

I apologize for lumping you into a group of, well, not-so-nice folks. Thank you for helping me see things in a different perspective. What we are thinking makes sense to ourselves and its not a bad thing to express that, if we're willing to listen in return.

I'll likely be back asking more questions and I really will try my best to get them right. I hope your weekend is exceptional and peaceful. Take care.

I have never read a more gracious apology on these boards.

Thank you, OP, for your service.

 

[IrishLady47]

Touche. One should always look in the mirror, yes?

You're correct. I'm trying hard to learn what to say and what to ask, and yes, its important to do both as accurately as possible.

I do owe you a "thank you" for trying to help, and so, Thank You. I appreciate these forums a LOT, and the people who reply in them. I wouldn't even know where to START on some things if it weren't for places like this and people like you.

I apologize for lumping you into a group of, well, not-so-nice folks. Thank you for helping me see things in a different perspective. What we are thinking makes sense to ourselves and its not a bad thing to express that, if we're willing to listen in return.

I'll likely be back asking more questions and I really will try my best to get them right. I hope your weekend is exceptional and peaceful. Take care.

You're welcome. Going through a divorce is hell; surviving the heat takes its toll the same as the desert.

Please make sure you understand what your STBX is/is not entitled to as far as military benefits so you know what is negotiable in your property settlement. Here is one good synopsis - Uniformed Services Former Spouse Protection Overview - Military Benefits - Military.com and you can find more by googling USFSPA.

And, remember, any retirement plans she had during the marriage are also subject to division. I am always surprised by the soldiers who do not realize this (and, of course, they are not informed by their spouses).

Good luck to you and, most of all, your children. If you put their interests foremost throughout the divorce, you will have accomplished the mission (painfull as it is) in the best way possible.