The Law Office of Edward Misleh
The Law Office of Edward Misleh
Skip to content
  • Home Page
  • Areas of Practice
    • Divorce Attorney
    • Domestic Violence Attorney
    • Child Custody Attorney
    • Child Support Attorney
    • Spousal Support Attorney
    • Community Property Attorney
    • Guardianship Attorney
    • Family Law Attorney
    • Adoption Attorney
    • California Attorney Blog
  • Resources
    • Forms
    • California Attorney Blog
    • Our Office
    • Website Search
    • Site Map
  • The Law Offices
  • Contact Us

-

Home » Areas of Practice » Community Property » Military Pension Support Payments

Military Pension Support Payments

Posted on February 13, 2017September 17, 2019 by Editor

When the retiree’s pay center does not make direct payments to a former spouse, the Retiree will need to make those payments directly.  There will be federal tax withheld on the entire amount that the retiree receives but, the retiree can exclude from their income any amount paid pursuant to a court order or settlement agreement.  The retiree will be able to deduct these payments from their gross income and the former spouse will be liable for taxes on the shares of the pension that they received.  Likewise, the former spouse should include these payments when they report their gross income.

The Law Offices of Edward Misleh, APC is a law firm that practices family law and clients in Northern California with services they need and deserve when addressing military divorce and issues related to service member’s benefits.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Military Pension Support Payments

Military pension support payments are reported to the IRS and may entered, by the retiree, as a negative number.  The amount of payments should be entered on IRS form 1040 at line 21 as “Other income,” at line 16a as pension and annuities, or at line 31a as alimony paid.   The retiree will need to provide a note explaining that the negative number is a military pension support payments made directly to the former spouse pursuant to a court order or settlement agreement and should include a copy of the referenced document.  The former spouse will need to complete their own IRS form 1040 and enter on line 16a the total amount received as military pension support payments.

To cover these contingencies, any court order or settlement document should include a clause stating that periodic payments made by the retiree directly to the former spouse, that are not done by garnishment through military retired pay center, will be included as the former spouse’s income under Sections 61 and 71 of the Internal Revenue Code, and these payments are likewise to be excluded from the retiree gross income.

CALL NOW TO MAKE AN APPOINTMENT

321-951-9164

Law Offices of Edward Misleh

Web Site Search

This disclaimer provides that any information provided on this website by The Law  Offices of Edward Misleh, APC is strictly informational and should not be interpreted or considered as legal advice.  If you have a legal concern, you should contact our office to speak with a licensed California Attorney.  Delaying to contact an attorney could result in harm to your interests.

Attorney-Client Relationship

No Attorney-Client Relationship Created by use of this Website: Neither your receipt of information from this website, nor your use of this website to contact The Law Offices of Edward Misleh, APC or one of its attorneys creates an attorney-client relationship between you and The Law Offices of Edward Misleh, APC. As a matter of policy, The Law Offices of Edward Misleh, APC does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to The Law Offices of Edward Misleh, APC.

Contacting us by telephone, email or other means, or transmitting information to us, will not establish an attorney-client relationship. The attorney-client relationship can only be established after we have determined that we are able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential information to us unless we specifically request it. Information communicated without such authorization may not be treated as confidential, secret or otherwise be protected from disclosure, and The Law Offices of Edward Misleh, APC will not be precluded from representing parties adverse to the sender of such information in any matter.

No Legal Advice Intended

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

No Guarantee of Results

Many of the practice summaries and individual attorney biography on this website describe results obtained in matters handled for The Law Offices of Edward Misleh, APC clients. These descriptions are meant only to provide information about the activities and experience of our attorney. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorney; and, you should not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites

As a convenience, this website may provide links to third-party websites. Such linked websites are not under the control of The Law Offices of Edward Misleh, APC, and The Law Offices of Edward Misleh, APC assumes no responsibility for the accuracy of the contents of such websites.

No Warranty or Liability

The information in this site is provided “AS-IS,” without representation or warranty of any kind, either express or implied, including, without limitation, any representation or warranty as to suitability, reliability, applicability, accuracy, merchantability, fitness for a particular purpose, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be up-to-date, complete or accurate, or free from errors, viruses, spyware, malware, adware, worms or other malicious code, or will function to meet your requirements.

You agree that we are not liable to you or others in any way for any damages of any kind or under any theory arising from this site, your access to or use of or reliance on the information in this site, including, but not limited to, liability or damages under contract, tort or other theories or any damages caused by lost data, malicious code, denials of service (including computer crashes), business interruption or other commercial damages or losses, even if we may have been advised of the possibility of such damages.

Authorized Practice of Law

The jurisdiction in which our attorney is licensed to practice is in the State of California. The ability of our attorney to engage in any activities on behalf of a client outside that attorney’s state of licensure is subject to state statutes and professional codes and court rules. The Law Offices of Edward Misleh, APC does not seek, and this website is not intended to solicit, legal employment outside our attorney’s states of licensure that would constitute the unauthorized practice of law.

Intellectual Property Owned by The Law Offices of Edward Misleh, APC

Except as otherwise noted, all trademarks, photographs and other artwork, video clips, and written materials used in this site are protected by copyright laws and are owned or licensed by The Law Offices of Edward Misleh, APC. You may download information from our site for your temporary, personal, non-commercial use only. None of these items may be copied, reproduced, downloaded, posted, transmitted, broadcast or otherwise distributed in any manner without our prior written consent.

Privacy Policy
Site Map
Avvo - Rate your Lawyer. Get Free Legal Advice.
We gladly accept Visa, MasterCard, Discover, American Express.
Copyright 2023 The Law Offices of Edward Misleh, APC
Web site hosting by All Brevard Web Sites