Calculating Child Support

[Newlydivmomto4]

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

My ex is currently active duty military who is due to retire in 3 yrs. 3 yrs ago, he was in a vehicle accident in Kuwait and was severely injured. Due to his injuries, he has the potential to be 100% diabled/unemployable when he retires. When he retires, how will they compute his child support payments, will it be only his retirement check or will they include his disablity check into the calculation. Please do not think I am a moneygrubber. In our uncontested (not really my choice, long story on that one) divorce, there is nothing said about his retirement. We were married for 13 yrs so I am entitled to part of his retirement. My concern is not me getting part of his retirement, its making sure our children are taken care of with child support.
In a nut shell, if his disability is part of the calculation, I won't touch his retirement, but if its not, then I am thinking about filing to receive part of his retirement. Does that make sense?

 

[SIN EATER]

File for part of his retirement (you were married 10 yrs or more while he was in the military?).

You need a Domestic Relations Order (military isn't Qualified, so it's a DRO, not QDRO).
Hire an attorney and do the paperwork for the retirement pay correctly.

The issues of property settlement and child support are entirely separate.

VA disability awards are often missed by CSE, possibly because they are nontaxable so don't show up on 1040s.
Get your portion of the retirement pay. That's yours for life, not just the remainder of 18 yrs. When you're 60, you'll appreciate that income.