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Author Topic: Military Retirement in CS calculations  (Read 10255 times)

Dad

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Military Retirement in CS calculations
« on: May 17, 2013, 10:45:04 AM »
In the divorce proceedings, my ex-wife was awarded 22% of my military retirement (present rank only). We were married 7 of the 16 years I had been active duty at the date of the divorce.  Please understand that had I left the military that day, or any day before 20 years there would have been no retirement.  And I understand that Kansas counts military retirement as property.  So, my question is, does my "property" (78% of my retirement) have to be included in CS calculations and is there precedent either way?

Thanks in advance.
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Guru

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Re: Military Retirement in CS calculations
« Reply #1 on: May 17, 2013, 01:35:06 PM »
That's a good question.  I don't think retirement can be considered as income unless you are actively drawing a check/income after you are retired.  I don't believe there is any provision in the guidelines to consider retirement as income for a basis to determine child support.

What are your thoughts on the matter?  Do you think the guidelines should consider retirement?
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KTM

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Re: Military Retirement in CS calculations
« Reply #2 on: August 03, 2013, 10:01:49 AM »
Child Support is calculated on annual GROSS INCOME. That includes any and every source of income if you are receiving that income while your child is under the legal age.

Any income your X wife is receiving in the same time frame it would appear on her side of the equation.
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