Q: What is the CA divorce guidelines of support? How much percentage of navy pension I can get ?
He offered total $5000, both alimony and child.
16years of marriage. We have 50/50 custody. ( my sons are 14&16) his income $16.458 monthly my income $1200) also he has Navy pension ($5956 monthly) I have a right to receive pension monthly.
He was in service 27years, I was with him 13 years as navy wife. Guide me how much I can receive total is fair amount.
A:
Under California law, the division of assets and determination of spousal and child support in a divorce case is based on several factors. Here's a general guideline:
1. Spousal Support (Alimony): The court considers factors such as the length of the marriage, each spouse's earning capacity, age, health, and standard of living during the marriage. There is no fixed percentage for determining alimony.
2. Child Support: California uses a guideline calculator to determine child support based on factors like each parent's income, time spent with the children, tax filing status, and other relevant factors.
3. Pension Division: For a military pension, the Uniformed Services Former Spouses' Protection Act (USFSPA) allows states to treat military retired pay as either sole or community property. In your case, since you were married for 13 out of the 27 years of his military service, you may be entitled to a portion of his pension. The marital portion of the pension is typically calculated using the "time rule" formula: 50% × (years of marriage overlapping military service ÷ total years of military service).
Based on the information provided:
- His monthly income: $16,458
- His monthly Navy pension: $5,956
- Your monthly income: $1,200
- Marriage length: 16 years
- 50/50 child custody
Considering the length of your marriage and the disparity in your incomes, you may be entitled to both spousal support and a share of his military pension. The $5,000 he offered for both alimony and child support seems low given the circumstances.
To get a fair amount, you should consider:
1. Calculating your share of his military pension using the "time rule" formula.
2. Using the California child support guideline calculator to determine the appropriate child support amount.
3. Negotiating spousal support based on the factors mentioned above.
It is highly recommended that you consult with a qualified family law attorney in California who specializes in military divorces. They can provide you with more accurate estimates and help protect your rights throughout the divorce process.
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