The most common reason for not receiving the entire amount of ordered child support from your ex-husband's military pay is that he doesn't have enough disposable income. The military abides by the Consumer Credit Protect Act (CCPA), which limits the amount of your ex-husband's military pay that can be deducted for Virginia child support.
Military regulations can be complicated, so consider discussing your case with a Newport News divorce attorney to better understand all the details.
Your Newport News divorce attorney will investigate why you aren't receiving the full amount of Virginia child support from your ex-husband's military pay. If your ex-husband has sufficient funds to cover the child support payments within the CCPA guidelines, you should be able to receive the full amount of ordered Virginia child support.
You and your Newport News divorce attorney may discover your ex's military pay can't sufficiently cover the child support payments. In this case, the CCPA places limits, from 50 to 65% of disposable earnings, on the amount of child support you can receive from your ex-husband's military pay withholdings.
Your Newport News divorce attorney can help you understand which maximum allowable percentages apply to your circumstances:
- 50% – your support will be limited to 50% if your ex-husband pays more than half the support for other dependants and has not accrued arrears (debt).
- 55% – this maximum percentage applies if your ex-husband pays more than half the support for other dependants and has accrued arrears.
- 60% – if your ex-husband doesn't pay more than half the support for other dependants and has not accrued arrears, you'll receive 60% of his disposable military pay.
- 65% – your Virginia child support will only be limited to 65% if your ex-husband doesn't pay more than half the support for other dependants and has accrued arrears.
If you're going through a military divorce and are trying to settle child support agreements, you'll soon realize how difficult it can be to understand all the military stipulations with which you'll have to deal. Consider talking about your situation with a Newport News divorce attorney that specializes in military divorce, who can advocate that you and your children get the support to which you're entitled.
Contacting a Newport News Divorce Attorney
Throughout your divorce proceedings, you'll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-425-5200.
The Newport News divorce attorneys at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes and advocating that you receive everything you are entitled to and need in order to start your new life.