my husband is retired military and he and his ex-wife are in a child support/ex-spousal support court battle. we are wondering, if he loses, can she have his retired military benefits garnished every month to get her support? (the back support).
also, if this can be done, does anyone know if she is entitled to a specific percentage? or can they garnish the total amount at 1 time?
thanks!
2007-03-12 11:06:57 · 2 answers · asked by ? 1 in Politics & Government ➔ Military
I hate it when people answer a question and have no clue what they are saying. The first responder just picked a number and typed it in, giving you false hope if you believe it.
For back child support, the amount that can be taken is up to 50% of your income, which includes all other income besides your pension.
The same 50% can also be awarded to the ex-spouse as part of an alimony settlement in a divorce, depending on the length of the marriage and the length of the marriage while he was in the military. Which means if she was only married to him for the last two years of service, she will not be entitled to 50% of his retirement.
I am by no means an expert in this area, but if you contact your local JAG or Veterans Administration, you will find that I type the truth.
By the way, they cannot take more than 50% for the combination of the two. (Child Support and Alimony)
2007-03-12 11:31:52 · answer #1 · answered by Steve T. 3 · 1⤊ 0⤋
25 percent per child and yes they can take it since its easy to take if their his kids he needs to start paying this is not a thing he can win sorry he made them now he needs to pay for them
2007-03-12 18:19:33 · answer #2 · answered by kleighs mommy 7 · 1⤊ 0⤋