Spouse and I are divorcing. The retirement pay is being divided per USFSPA. When calculating my income for the child support, do I subtract the amount of retirement pay I am giving my ex-spouse under USFSPA? We are in the State of Texas. Thank you.
State/Country relating to question: Texas
Getting a divorce. Dividing retirement pay under USFSPA. We are trying to calculate child support.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.The division of the FSPA is a property division. The law (10 US Code 1408) specifically states the division as as property. So it is not considered support.But it is money you do not get to keep.So any money ordered by the court to be paid to your ex would be deducted from your income for calculation of child support.
One more question to clarify. Since the FSPA money is going to my wife, will she have to add this to her income when calculating the child support? Thank you.
SOrry for the delayAnd yes...it is income to her (from you, your pension but it is her income).
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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