Wednesday, October 27, 2010

Military Divorce with Pension as Only Income

Jeremy Howe Negotiates Military Divorce Settlement

RI Divorce and Estate Planning Attorneys Jeremy Howe & Associates negotiate settlement of military divorce with child support involved, where husband's pension is the only income.

We assisted an attorney at Rhode Island Legal Services to draft appropriate orders to protect the wife, as much as possible, in a military divorce when the concern was that there were child support orders for the husband’s illegitimate children already in effect.

The children were born after the parties separated, but before the parties were divorced, to women other than the wife. The pension is his only source of income.

Generally, DFAS (the military pay center), will not pay more than 50% of a pension to someone other than the military retiree. The orders require him to pay the Wife her portion directly, to make up for any shortfall in her portion caused by the child support orders.

If he does not make those payments, he could be subject to contempt, fines, and possible incarceration.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

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