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Generally, states provide for the direct payment of child support by "garnishment," or wage assignment. This order must meet specific requirements before DFAS will provide a "wage garnishment" i. The local JAG or military legal assistance attorney can explain how to do this so that the pay center will act on the order.
The former spouse:.
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The scope of coverage is the same as that for federal employees. Service members have the option to contribute to a Thrift Savings Plan during their active service. Many people overlook this asset when going through a divorce.
Divorce Procedures in Georgia
This TSP can be divided between the parties. It can also be given to one party in exchange for some other asset. The person named as the "beneficiary" of the Plan - usually a spouse or former spouse - will get ongoing payments after the service member dies. Without SBP coverage, the pension payments end when the service member dies.
The court can require SBP coverage upon divorce. For those retiring from active duty the cost of SBP is 6.
This premium is deducted from the member's retired pay. There may only be one adult beneficiary for SBP.
So the benefit cannot be divided between, for example, a current spouse and a former spouse. The benefit is suspended if the former spouse remarries before age But the coverage will be reinstated if that remarriage ends with death, divorce or annulment. If the service member does not specify a "base amount," then the pay center will deem the base amount to be the full retired pay. Dealing with military pensions in a divorce is complicated.
Get help from a lawyer who has experience with dividing military retired pay. This is not true. The divorce court can give the non-military spouse whatever share of a military pension that it thinks is fair. Under this system, the retired pay center divides the monthly pension check, then sends the correct portion to each party.
Where the " test" is not met but the court still awards division of the pension, the military spouse is responsible for making the monthly payments directly to the ex-spouse. To get your pension-share check from the retired pay center assuming that you meet the " rule" , you will need a court order that:.
Submit the paperwork to DFAS immediately after the divorce in order to catch any problems right away.follow
Modifying Child Support or Periodic Alimony After Divorce | Atlanta Family Lawyer
When getting a divorce, service members and their spouses must become familiar with the legal issues that affect military divorces. Before income can be deducted for child support, a separate Income Deduction Order IDO must be signed by a judge and filed with the clerk of court. See Uniform Superior Court Rule It should not be altered in any way other than providing the requested information. Box , Carrollton, GA A record is made of each payment and it is forwarded to the custodial parent.
In order to divide property and assets in a Georgia divorce, steps should be taken to determine the characterization and value of the property as follows:.
Because there is generally more property and assets involved in a high-asset divorce, agreement on the characterization, value, and division can be extremely challenging and contentious. Stock portfolios, bank accounts, real estate investment properties, business ownership, pensions, and K retirement funds, for example, can contribute to the complexity in settling or litigating a Georgia high-asset divorce case.
Answers to frequently asked questions about divorce and related issues in Georgia.
An experienced high asset divorce lawyer in Georgia will have the knowledge to handle complex community property litigation and settlement issues such as the following:. Whether you are a CEO, CFO, or executive of a multi-million dollar company, a doctor, a lawyer, an entrepreneur, a politician, or a spouse of a high-status or high net-worth individual and you are going through or considering a divorce, it is important that you consult with an experienced high asset divorce attorney to help you protect your rights and assets.
Contact us today at The Platt Family Law Firm to get the help you need to protect your assets and interests in your divorce.