I am military and will retire in MD. After I retire she will get roughly 40% of my retirement -1370. I pay 2260 child support.: When I retire does that 1370 get subtracted from the child support amount and then I pay the difference to bring it up to 2260? Or does she get 2260 plus 1370?
Stephen’s answer: Military retirement pay is usually treated as a marital asset. In such case, it will be separate and distinct from child support. So, like the divisible proceeds from the sale of a marital home, she will get whatever portion of the asset to which she is entitled without regard to support and maintenance payments. Your divorce judgment governs how the retirement pay is treated and you should consult with a MD lawyer for an interpretation. From what you said, however, my guess is the retirment has been treated as marital property and it will have no effect on the child support. In other words, the court has determined that your former spouse has a 40% property interest in your retirement pay. You will thus likely have to pay both the current child support amount and 40% of your retirement pay. That said, child support is usually based on income. If you have a decrease in income, in most states, you can seek a modification of the child support order. You need to do such through the court, however. Do not reduce your payment on your own. If you do, you will find yourself significantly in arrears and still obligated to pay the full amount.
DOM in Florida. Honorable discharge from military last year. Recently moved to another state to try to find work.: Maintained constant contact with minor children. Part of our parenting plan was Xmas 2012 visitation in which I flew them out at my expense. I also was supposed to have them for a four day weekend once a month and 2 months in summer. I couldn't afford to do the monthly visits but I asked for my 2 months of summer 2013 and she refused so after 6 months, I moved back to Florida so I could see my kids and go back to the parenting plan as written but now she's saying because I didn't do my monthly visits for 6 months, florida law says our parenting plan is void, i abandoned my kids, and she doesn't have to follow it. Is this true?
Stephen’s answer: This really isn't a military law question, but rather a question of family law (divorce, child custody, support, visitation). Its not clear whether you were divorced in Florida, but if so, then you should consult a Florida family law attorney.
Will my Dismissed Disorderly Conduct affect eligibility to join one of the military branches as an officer?: I am interested in joining the military as an officer. Army, Navy, Coast Guard, and Air Force are all of interest. This past summer i was arrested in GA for Disorderly Conduct, use of fighting words and unnecessary risk. I went through the pre trial intervention program, completed my hours of Comm Service and had the charges dismissed. I have requested to have it expunged but was told it could take 3 weeks to a year to occur. Will this incident affect my eligibility to join the military with the officer track? Should I wait until it is expunged to apply?
Stephen’s answer: It could. Expunging your state criminal record, only means that the most people won't have access to the criminal record. Your state courts, law enforcement, and some other agencies still may. It depends on your state law. Also, arrest records are maintained by the FBI and the military departments will check the FBI data base. Expungement will not affect any information maintained in Federal data bases. Finally, some pre-trial diversion dispositions, even though ultimately dismissed, are nevertheless treated as convictions by Federal agencies. This is especially so, if, as part of the negotiated disposition, you had to admit to sufficient facts.