Military Pension

edited 30 November -1 at 1:00AM in Pensions, Annuities & Retirement Planning
3 replies 4.2K views
tonydav43tonydav43 Forumite
25 Posts
I am trying to find out some information regarding my military pension which is proving difficult. Someone must have been in this position before so hopefully someone might be able to give me the correct advice.

I am in receipt of my army pension and i am in full time employment. I married in 1993 and continued serving until 2003. I split up and was divorced in 2006. We both agreed on a sum of maintenance and the figure was NOT imposed by either a court order or the CSA. My military pension was NOT included in the divorce settlement either. I agreed to pay £500.00 per month for my 1 daughter which was far above the legal requirement. In 2006 I was made redundant but found another job straight away but I my salary went down by 10%. I informed my ex that I was going to reduce the maintenance by £50.00 per month (equivalent to a 10% reduction) and she hit the roof. I told her that as the figure had not been imposed by a court order or the CSA she would have to either take me to court or go to the CSA. I told her that a court would agree that it was a fair reduction due to the reduced salary and if she went to the CSA she would receive a lot less, she at this point in time threatened to go after my pension but in the end she did not. I now have met a wonderful woman and we live together and find that I can no longer afford to pay £450.00 per month maintenance. I get to see my daughter in the school holidays but still pay £450.00 even though she has stayed with me for a week each school holiday, in addition I also have to pay my ex wife £20.00 towards her petrol for each visit as we meet at a halfway point. I have mentioned to her that I am paying well over the odds and that I might go to the CSA, to which she replies that the reason that she did not go after my pension during the divorce was because I agreed to pay a healthy sum for my daughter and if I did go to the CSA that she will go after a % of my military pension now. As I mentioned before my military pension did NOT form part of the divorce settlement. I know that if i went to the CSA they take into account your take home pay which would be my salary and take home military pension, and I would have to pay 15% maintenance which comes to £320.00 per month. So I need to know if I went to the CSA and paid what I am supposed to pay as a legal requirement

Firstly could I claim the excess that I have paid over the last 18 months?

Secondly could she go after a % of my military pension even though it was not part of the divorce settlement and we have now been divorced about 16 months.

When I have approached this subject before she has said that if I reduced the maintenance that she could no longer live where she is living and that I would be making my daughter homeless (my daughter could live with us).

Just to put this into perspective she works 2 nights a weeks as a carer, she has a 3 bed detached privately rented house for just her and my daughter, a car which is quite new which was bought cash out of my military lump sum, she could work more as my daughter is 13 and could look after herself, she does extra hours when she needs extra money to go on holiday etc, she has been to Spain for 2 weeks this year already. I have my daughter during school holidays and there is no reason why my ex wife could not work during the day.She has a partner who she claims only stays with her for a max of 4 nights a week and of course I believe that, that was too much for me that is why I left her LOL. So this is her income:

Approx £480.00 per month for her job
£450.00 per month maintenance
Approx £65.00 per month child benefit
Approx £438.00 tax credits

Totalling £1433.00 per month for working for 2 nights a week, that is not bad.

Could someone PLEASE help me as every web site link that I have been given does not give any advice on military pensions after divorce. I am hoping that someone ex military has already been through this

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