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Military Paycheck Related Questions

Military paychecks are the wages earned by a service member during their time in the military. Military retirement payments are basically a pension payment from the service member's years of military service. Many questions arise about military paychecks and how they work. To learn more about military paychecks or military retirement pay, you can ask a Military lawyer. Below are five of the top military paycheck questions answered by Experts.

Can a military veteran's paycheck be garnished at their workplace?

If you receive veteran's benefits such as disability, these cannot be garnished. However, if you are a veteran who is working and drawing a paycheck from a company, your pay check can be garnished. Now, if you have VA funds that are going into an account that your paychecks are also going into, you will need to open a separate account for those VA funds and make sure that you make the funds exempt from garnishment.

In the Navy, who should be contacted when a military paycheck has been compromised?

Usually, if you have an issue that needs addressed, you would request mast, which allows an audience with a commanding officer. The right to request mast is for every Marine or sailor and you can learn more through your legal office. Before requesting mast, try talking with your supervisor or the first in chain of command to solve the problem. If you cannot resolve the issue, you can request mast. Once you have requested mast, you will be given a NAVMC form that is designed for the specific use in requesting mast.

How much of a military paycheck is a spouse entitled to?

You will have the responsibility to provide some support to your family. Generally, if you receive BAH, you would put a portion of this payment towards rent or a mortgage payment. Every branch of the military has a recommended percentage of what should be used to support ones family. There are set rules pertaining to the upkeep of one's family and there also rules pertaining to failing to support one's family. There are situations where the military may become too involved with a service member's personal issues. If this happens, you should discuss your options with the legal office on your base for more guidance.

In Arkansas, can disability pay from an active duty injury, be included as income to pay child support payments?

Arkansas has guidelines in place for child support and is usually based off of the income of both parents. Your disability pay can be used as income when trying to determine child support payments based off of Arkansas's child support guidelines. While a divorce court can't release any of your disability to your spouse for spousal support or alimony, federal law does not prohibit the courts to use your disability as income when determining child support payments.

INCOME under the Arkansas Child Support Guidelines is defined as follows:
“Income means any form of payment, periodic or otherwise, due to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers’ compensation, disability, payments pursuant to a pension or retirement program, and interest less proper deductions for:
1. Federal and state income tax;
2. Withholding for Social Security (FICA), Medicare, and railroad retirement;
3. Medical insurance paid for dependent children; and
4. Presently paid support for other dependents by court order, regardless of the date of entry of the order or orders.”

If an ex-spouse requests a portion of retirement pay after a divorce, is the person who has the retirement pension required by law to provide it?

Usually, this type of request is included in a divorce and only if the judge presiding over the divorce allows it. However, if you and your ex-spouse didn't agree to the retirement pay being portioned during your divorce, DFAS is not required to garnish the retirement pay for the purpose of providing your ex-spouse. To learn more about this topic, you can follow this link: http://www.dfas.mil/militarypay/garnishment/fsfact.html

Do you have questions about military pay? If you do, and are unsure who to ask, you can ask a Military Lawyer to evaluate the particulars of your case and provide legal insights. The Experts cover a wide range of military law questions and can answer any question that you may have in an efficient and knowledgeable manner.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are Online Now

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Paycheck Questions

  • What if any course of action do I have at this point. My Divorce

    What if any course of action do I have at this point. My Divorce was finalized in July 2013 in CO we did not actually go in front of a judge to finalize instead we "reached an agreement" 1 week prior to final orders hearing. My attorney who essentially took the case pro bono with agreement he would get payment from ex spouse called me a day or so before the settlement stating that he would need 1,000 within 24 hours to continue on my case at this point we were just over a week till trial I was not working at the time and did not have the money to give to him I think he was upset at the fact that at an emergency orders hearing my ex was ordered to pay my attorney money and had not by that time. I stated from the get go that 1. since my ex allowed my student loans to go into default (From '08-'10 DFAS told my ex he had to pay me 475.00 a month from his BAH he asked me what I wanted him to do with that money at which point I told him to pay on my student loans and the credit card which he did not) nor did he pay me the money. I wanted him to pay the loans and the credit card in the divorce decree, I have an email from my ex's attorney to mine stating they will pay the student loans, I went to my attorney's office to "go over the paper work" to finalize everything at which point he hands me a piece of paper said that he was running late for court and that they agreed to the stipulations and that all I needed to do was sign and this nightmare was over having seen the email from the opposing counsel and my attorney telling me that that was that I signed. I did not have the money to pay him to keep him on the case plus he assured me it was what we agreed on he said I would get all the paperwork once the judge signed off on it. I never received anything from my ex attorney except the paper the judge signed not the actual decree and I had to get that from the court. Last month when my ex said that he gets to starting this month decrease alimony and not have to pay on my student loans and not have to pay me the other 1,000 dollars for my vehicle or on the credit card which I found out when I was working and they started garnishing my paycheck I finally got the decree from my ex since I could not get it from my attorney and there is nothing in there about anything except that he gets to keep the 10,000 dollars of furniture I get to keep the debt including student loans he got to put 9,000 of marital money on a vehicle and only had to give me 2,000. for my vehicle and he also told the Judge at the temporary orders hearing that 10,000 that went missing out of an account went into a college account for our daughter the judge asked him if he could draw from said account and he stated he could not. which I later found out to be untrue the only thing in the divorce decree that is anything like I stipulated is that I said that there had to be an indemnity clause for his military retirement pay so that he could not claim 100% disability and not have to pay me anything. I am at a total loss the attorney will not take my calls he got his money from my ex and washed his hands. I got royally screwed I feel had we went in front of a judge he would have seen how one sided this was or I would have caught this, I never would have agreed to these terms who would have I never saw the final paperwork until a couple of weeks ago when I got it emailed from my ex. Do I have any options at this point.
  • Hello, upon ETS from the US Army back in 1983, I never received

    Hello, upon ETS from the US Army back in 1983, I never received my last paycheck. The reason given was that they had lost my 201 file. To be fair, I was released from the Army under provisions of a Chapter 10 discharge, which carries with it a less-than-honorable status. I was told at the time that that status would revert to honorable after three years. That really shouldn't have had any bearing on it considering I was being paid my normal pay throughout my "pending court martial" status at my permanent unit. Is there any chance of recovering that back pay 31 years later, and shouldn't it include some hefty interest? Thanks. Lee M.
  • I retired from the Air Force after 21 years on the 30th of

    I retired from the Air Force after 21 years on the 30th of November 2013. My divorce was signed by the judge on the 23rd of February 2010. We were married for 7 years, all during my active duty career. My ex was also military, and she separated in order to avoid paying me retirement benefits (she served for 10 years before separating). I have to pay her 15% of my disposable retirement.
    Questions: Can I go after a percentage of her pension, even though she separated prior to becoming retirement eligible? Since I served an additional three years after the divorce went final, how do I calculate the 15% I'm ordered to pay? In other words, how do I exclude the last three years of my career, since we were divorced at that point? Or can I? Lastly, my child support payment was taken by order from my active duty paycheck, and will continue with my retirement check - does that reduce the amount of my retirement pay for purposes of calculating child support?
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