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What are the maximum support percentages in a military divorce?

On Behalf of | Oct 17, 2019 | Firm News, Military Family Law |

The military life is difficult and can be hard on families. For Mississippi residents who are in the military or are the spouse of a military member, divorce is, unfortunately, common. When there is a military divorce, there are the same concerns as a civilian divorce. Spousal support, also referred to as alimony, and child support are key family law matters to consider. Understanding various issues, such as the maximum percentage a military member can have deducted from his or her pay to pay this support, is imperative for the paying spouse and the receiving spouse.

For the paying spouse or parent, “the obligor,” it will be 50% of the disposable income if it is proven that he or she provides greater than half the support for dependents apart from those in the ongoing case and there are no back payments – “arrearages” – owed. It will be 55% if there is proof that there is more than half the support to other dependents and there is an arrearage.

If there is no proof that the person is providing half the support for other dependents and there are no arrearages, the maximum amount will be 60%. If the person does not provide proof that there are payments to other dependents and there is an arrearage, the amount will be maximized at 65%. It is important to remember that these payment percentages will be applicable if the person does not have enough in disposable income for the full amount to be deducted. If there is sufficient disposable income, then the full amount will be taken from the paying spouse or parent’s wages.

Paying support to a former spouse and paying child support are critical parts of any family law case. It is especially important for military families. When there are other factors to consider, such as dependents that are not part of the current case or arrearages, the percentages as to what can be taken out of the obligor’s pay vary. Getting the right information about military family law can be essential.