If a soldier's civilian spouse makes more money then he does, does she have to pay him after divorce?

2019-11-30T15:46:52-05:00

Asking for a soldier. There is one child involved and she makes almost 30k more then him.

Response by LTC Private RallyPoint Member made Nov 30 at 2019 4:09 PM

2019-11-30T16:09:44-05:00

Everything will be decided by a civilian court. Custody will be a big factor

Response by CPT Lawrence Cable made Dec 1 at 2019 10:15 AM

2019-12-01T10:15:50-05:00

Unless he is going to have primary custody, the most likely answer is no. Even if there is a joint custody agreement, what generally occurs is that the parent with the primary care will get child support for the period they have custody. That child support will be either by agreement of the court or by the State's requirements based on the soldiers income.
Get a lawyer in the state the divorce is being filed, preferably one with experiences with military divorces. Don't expect everything to be friendly once it gets in front of a judge. I've seen too many soldiers (and men in general) get blindsided in court during a "friendly" divorce.

Response by PO1 Orlando Miller made Dec 2 at 2019 10:48 AM

2019-12-02T10:48:38-05:00

As many vets have mentioned, get a lawyer in the state where the divorce is being filed; preferably one experienced with military divorces. Every state is different but most evaluate individual income, custody (i.e. primary or joint), who's paying benefits (dental, health, life insurance, etc.) and childcare in determining child support. Find a local lawyer who's well established in the community. These lawyers tend to know most of the judges who'll hear the case.

Response by SGM Bill Frazer made Dec 2 at 2019 9:31 PM

2019-12-02T21:31:23-05:00

Look, 1. It is a civilian affair decided by the state of residence. 2. Only a state judge would know.