There are many military members in Virginia, and if they choose to get a divorce, there will be understandable concerns about how their earnings will be impacted. Alimony and child support can take a significant chunk of a person’s wages. For a military divorce, there are legal limits on how much can be deducted.
When getting a military divorce, it is important to understand the percentages for deductions to cover alimony and child support. Depending on the circumstances, between 50% and 65% of disposable earnings can be ordered for alimony and child support. If the paying party, the obligor, proves that he or she is paying more than 50% of the support for other dependents separate from the current case and there is no arrearage, meaning they are current on the payments the maximum is 50%. If the same circumstances are in place, but there is an arrearage, it will be 55%.
The obligor will be ordered to pay 60% if he or she does not prove that more than half the support is for people who are not involved in this case and there is no arrearage. If the same situation is in place, but there is no proof that the person is paying for others’ support and there is an arrearage, it is 65% of the disposable earnings.
These percentages are only applicable if the obligor does not have enough disposable income to pay the full amount that would ordinarily be deducted. The laws are part of the Consumer Credit Protection Act. Understanding these and other concerns that frequently arise in a military divorce is key. To be fully protected under the law, legal representation from a law firm experienced in military matters may be beneficial.