Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
It is correct, under the Former Spouse Protection Act (Title 10 US Code Section 1408), the military retired pension is awarded to a former spouse as property.
That is consistent state and federal law...since the pension was earned during the marriage
, the portion earned during the marriage can be divided as property. The same is true for any pension, really, or for IRA's, 401K's, etc.
But I am not sure I understand what you mean by
but the percentage of military retirement awarded the ex-spouse (non-military member) is not to be included in the computation of child support as income due to its being divided as "property" at the time of the divorce.
Are you saying that the family court judge will not include this income received by the former spouse as income for child support purposes?