In Re Marriage of Cook v. Cook
A rule against “double-counting” does not bar consideration of a military pension both as property in the property division and as income in calculating child support.
A rule against “double-counting” does not bar consideration of a military pension both as property in the property division and as income in calculating child support.
A rule against “double-counting” does not bar consideration of a military pension both as property in the property division and as income in calculating child support.
Court’s refusal to double count pension income awarded to wife was proper. The payments to wife represent the payout of the asset itself.
No absolute rule against double counting. Here, the trial court properly exercised discretion in counting the monthly retirement benefits as income to the wife given the husband’s age.
When an employee-spouse’s pension is divided by QDRO, and no value is assigned to either spouse’s interest to be offset by other property awarded in the property division, a family court is not prohibited by the “double-counting” rule from considering pension distributions in determining maintenance.
There is no absolute rule against double counting, so trial court did not wrongly count the value of the enhanced education benefit for the purpose of property division and maintenance.
Circuit court did not double count the professional goodwill in its maintenance award since husband had the option of continuing to generate income form his orthodontic practice without diminishing its value.