Child support, cohabitation and military retirement

This is a discussion on Child support, cohabitation and military retirement within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi My spouse and I are getting divorced, and are trying to settle amicably through a private separation agreement. In ...

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Old Jan 23rd, 2008, 06:56 PM   #1
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Question Child support, cohabitation and military retirement

Hi

My spouse and I are getting divorced, and are trying to settle amicably
through a private separation agreement.
In this agreement I will get the 33% of my spouses military retirement. But
will the child support also to be sanctioned through this agreement include
the portion of retirement I will receive as income for me,and should it
therefore be deducted from his gross income?
The retirement division is done through DFAS, but both child support and
retirement is settled in the same document.

I hope you can help us since this is the only issue left for us to settle
on.
Maybe I should also say that I am cohabitating with a man in what I would
call an intimate relationship. My new man has become like a second father to
my children. Will this affect anything when it comes to my rights in this
divorce?

Thank you so much for all your help!
Liza
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Old Jan 24th, 2008, 06:52 PM   #2
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Red Face Re: Child support, cohabitation and military retirement

The child support will be based on his gross income (17% for 1 child, 27% for 2 children, etc. never to exceed 40% of his gross income. Which is above and beyond what you will get from his retirement. And depending on what state you live in will depend on what age the children will get child support until. I'm in NY so it's until the age of 18 unless they're in college, then it's 24.
Don't forget to put in your divorce decree who gets what child for what year as far as filing taxes. I have it in my decree that we each get a child, until the oldest reaches 18 then whoever makes more $ that yr gets the other child then we get him every other year. What a fiasco! Good luck

NY
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