Military Pension & Community Property

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Get Expert Family Law Article Advice from our Ask a Lawyer Topic Section on SingleDad. Find out if a Military pension is considered personal property or is used only to calculate child support. Military and divorce question.

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Military Pension and Community Property

Question: Is military pension if considered community property is it also used as
income? A mediator told me that it is considered both for child support and
spousal support. Is this true?

Answer from Jeffrey Leving:



If the military pension is in payment status, it may be considered as income in
calculating child support and, possibly, spousal support to some extent, in
some states. This is generally true even if the pension has previously been
divided or otherwise dealt with in the division of property pursuant to a
divorce. You should consult with a skilled family law attorney who has
experience with clients serving in the military. This attorney should know how
to strategically analyze the available benefits and apply the correct statutory
authority to your situation to ensure that any court ordered support payments
are correctly calculated and take into account your economics circumstances.

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Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
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RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”