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One of the most frequently encountered issues in a military divorce is the calculation of child support. If you are the spouse who’s in the military, sadly, your BAH and BAS are included in that child support calculation below the bottom line. So in other words, we don’t take taxes off of that because the spouse is not taxed on that income. So that seems to greatly increase the child support amount for the military spouse. If we’re representing the nonmilitary spouse then probably the most challenging aspect is for retirement division. For a military retirement, I usually bring in a specialist who does nothing but military pension plans and that is really the best way to help the client.
Dallas, TX family law attorney, Paula Lock Smyth talks about the various issues she sees regarding military divorces.