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What income percentage is paid for support in military divorces?

Military life can be difficult for families, and it is not uncommon for Ohioans to decide to end a marriage and get a military divorce. It is important to understand how support is determined and how much can be deducted from a service member's pay in a divorce.

According to the Consumer Credit Protection Act, there is a limit to what can be deducted for support, whether it is spousal support, child support or both. The limit is from 50 to 65 percent of the service member's disposable earnings. The percentages are based on different criteria. If the paying spouse -- the obligor -- shows proof that he or she is paying more than half the support for dependents other than those who are going to get support in this case and there are no arrearages, it will be 50 percent.

It will be 55 percent, if the obligor shows proof that he or she is paying more than half the support for dependents other than those in the new case and there are arrearages. It will be 60 percent, if there is no proof of more than half the support for other dependents and there are no arrearages. And, it will be 65 percent, if there is no proof, the person is paying more than half for other dependents and there are arrearages.

People involved in a military divorce should know that the percentages are only considered if the obligor is lacking in enough disposable income to pay the full amount that is ordered. When the case falls into the Consumer Credit Protection Act, the amount paid must be proportionate (pro-rated) to the support obligations. This is calculated by dividing what is owed by the disposable income.

Any divorce can be complex, and a military divorce is often worse with all the responsibilities and logistics involved in combining a service member's obligations to serve the country to being responsible for a family and paying support. It is also hard for a civilian spouse who is tasked to move forward after a military divorce and could have the support limited by various factors.

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Altick & Corwin Co., L.P.A.
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Dayton, OH 45402

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