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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.
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