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Military Pension Orders Result

Case: We assisted an attorney at Rhode Island Legal Services to draft appropriate orders to protect the Wife, as much as possible, in a military divorce when the concern was that there were child support orders for the Husband’s illegitimate children already in effect. The children were born after the parties separated, but before the parties were divorced, to women other than the Wife. The pension is his only source of income. Generally, DFAS (the military pay center), will not pay more than 50% of a pension to someone other than the military retiree. The orders require him to pay the Wife her portion directly, to make up for any shortfall in her portion caused by the child support orders. If he does not make those payments, he could be subject to contempt, fines, and possible incarceration.

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