There are many issues that are worrisome to the parties in a military divorce. Since Virginia is rife with military members past and present, it is important to understand the various laws as to how the case will be decided upon. When there is money from the military member’s earnings that will be deducted to pay for support – child or spousal – it is wise to know about the percentages that can be taken. As with any divorce or family law case, having legal advice is imperative.
Based on the Consumer Credit Protection Act, there is a limit that can be deducted from a person’s earnings. It is based on their disposable earnings and ranges between 50% and 65%. For it to be 50% as the maximum, the paying parent or former spouse must prove that he or she is providing greater than half the support of dependents apart from the ones in the new case and there cannot be payments in arrears. For it to be 55%, there must be proof that he or she is paying more than half the support of other dependents and there are payments in arrears.
To have the disposable earnings reach 60%, the paying parent or former spouse must not have given proof of paying more than half the support of dependents apart from those in the new case and there are no payments in arrears. And for it to be 65%, the person will not have provided proof of paying more than half the support for other dependents and there are payments in arrears. It is important to remember that the percentages will be applied in cases where the paying spouse or parent does not have enough disposable income to have the full amount deducted.
Support is generally a major concern for a couple getting a divorce and military families are no exception. When there are concerns about how much can be deducted, what the person’s disposable income is and how they can make ends meet, it is crucial to understand how the law oversees these issues. A law firm that helps clients with military divorce should be called for advice and representation for their case.