That is the uniformed service members former spouse Protection Act which authorizes state courts to divide military retirement benefits in a divorce proceeding the Act caps the recipients spouses retirement benefits at 50% of disposable earnings the Act also provides for the manner in which payment will be made post divorce in the event that marriages of 10 years or longer the recipient spouse will receive payment directly from DFS and Cleveland if the marriages is of shorter than 10 years duration the recipient spouse will be relied upon the service member to remit payment each month it also provides for a cap if there is both an alimony and a child support garnishment in place the garnishment will be capped at 65% of disposable pay you.
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Dfas er spouse Form: What You Should Know
Payments received for the benefit of a former spouse under a plan or contract for the operation of a military installation or station are alimony, unless the payment is made in the form of lump sum payment or annuity. Alimony. Alimony is defined as the maintenance of spouses as a permanent arrangement. This means that it is necessary for both parties to meet all other terms of the agreement to reach a mutually acceptable alimony agreement, and is intended to promote marital cooperation, comfort and welfare. The amount of alimony is based on the need of the parties for the maintenance and must be reasonable. The length of maintenance payments is determined from the standard of living available at that time in the marital relationship. The mayor generally determines the duration of alimony at the time the marriage ends. The amount of alimony must be at least as large as the greatest of the following, whichever is greater. Alimony must be: 15,000 per year (a) of the marriage or 1/2 the amount of monthly child support paid by the husband, plus [9,225.00 for each dependent child, ] The amounts must be at least as much as the spouse's normal support obligation, based on the income and expenses of the family. For example, if the husband receives 15,000 a year, the alimony payment to the recipient spouse would be at least 15,000 per year. If, on the other hand, the alimony payments consist of annual payments, then the court may calculate the alimony in accordance with other factors, such as the cost of living in the community, medical and hospital insurance, the spouse's dependents' needs and the amount of time the marriage lasted. If it was necessary for the court to calculate alimony as a percentage of the husband's salary, then the alimony payment would be the salary at the time he retired. b. Periodic payments include payments payable under a court order that is in effect at the time the alimony payments are paid. As such, periodic payments can include payments for alimony, spousal support and child support payments. c. The amount of alimony is considered to be alimony if it is made to a former spouse using a court order. The amount of alimony is considered to be alimony even if the payment is made on a lump sum or annuity basis.
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