Legal Question in Family Law in Maryland

Military Retirement & Child Spt Re-Calculation

Military Retiree in Maryland told by ''Master'', although I can't order you to get a job, there will likely be financial consequences if you don't.

Where is the actual legal citation/law stating retiree must get a job to satisfy greedy Ex?

Retirement is life changing event & NOT demonstrative towards ''voluntarily impovershing oneself.''

Thank You,


Asked on 10/19/07, 7:40 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Military Retirement & Child Spt Re-Calculation

I'd like to hear your age, retirement situation and potential to work (i.e., what justifies a basis of involuntary impoverishment.) We'll run the shared-income formula and see where it stands. If she is "greedy" and you are meeting your obligations toward the child then I am interested in assisting you. Call me to discuss.

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Answered on 10/20/07, 1:22 am
Robert Sher Wagshal and Sher

Re: Military Retirement & Child Spt Re-Calculation

One is considered to be voluntarily impoverished if he fails to work in the highest capacity for which he is qualified and there are no physical limitations preventing him from doing so. If you are a military retiree in your 40s with employable civilian skills and don't make a reasonable effort to become gainfully employed, and the issue is child support, chances are your guideline payment will be based upon imputed income, in addition to your retirement income. If the issue however is alimony, I think you have a better case, especially if the ex is capable of supporting herself. And of course if you are at typical civilian retirement age, or have some physical issues impacting on work, your exposure would be less.

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Answered on 10/23/07, 4:41 pm


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