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Military law and child support, is military retirement calculated into child support payment

Asked over 3 years ago - Crestview, FL

I am in the USAF. Will be retiring with 20yrs in 2009. I pay child support for 2 children who live in IL. Is my retirement factored into chid support?
If the civilian job I take is less than military pay I was receiving can my child support be decreased?

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In response to the answer I received..........When I retire from USAF, I will receive a pension.
I will, of course, still need to take a civilian job because the pension is not nearly enough to live on.
In this case, IL courts will consider my pension as net income as well?

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Attorney answers (1)

Donald Erwin Ray

Reputation Level 11

Answered over 3 years ago. Child Support Lawyer in Rockford, IL.

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Under the assumption your child support order is from Illinois then the answer is yes, and yes. The court is required to review all forms of income you receive as defined by state law 750 ILCS 28/15.

Once you leave the military or any career and take on a different job the court is required to determine your "net income" with your new pay included once you file a petition to modify child support, per state law 750 ILCS 5/510. The court in this scenario will not hold you to a higher income standard because of retirement.

Now if you take on a lower paying civilian job and still receive additional income from your military benefits each will be included in determining your new "net income".

Neither of the above options will happen unless either your or the mother of your children file a petition to modify the current order for support.

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