Legal Question in Family Law in Texas
What, exactly is ''disposable retired pay''?
My Texas divorce decree specifies that I must pay 11% of my United States Air Force disposable retired pay to my 2nd ex-wife as alimony. I currently pay a portion of that retired pay to my 1st ex-wife. How do I calculate the exact amount of disposable retired pay? I assume, at this time, that I deduct witholding taxes and social security deductions; but, do I also deduct the portion being paid to my 1st ex-wife also?
1 Answer from Attorneys
Re: What, exactly is ''disposable retired pay''?
The amount of your retirement paid to your spouse depends on how long you were married to her and how much retirement was put into your account during that time versus the total. I don't believe you get to subtract the money being paid to your other ex-wife. That amount is based on the retirement you earned during that marriage. By the way, it isn't alimony or maintenance. It is community property.
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