My son's father decided to re-enlist in 2004. He is in the Army Reserves and was a PVT/E2 as of 2004 Nov. He was deployed to Iraq shortly after he re-enlisted and was gone until 2005 Dec. He had been jumping jobs before his tour started and was behind in support. The whole time he was over there, I received less support than what the court ordered. He's back, pulling the same crap with not working, not seeing his son. Now I'm told that he may not have had to file a tax return, since he was gone almost the whole year. How is that possible? Don't think that I am money hungry---He's almost $4,000 behind. I make excellent money and anything I receive in support goes into a saving account for my sons future education. His "father" has had no contact in over 2 years, which is his choice---I gave up trying. I wasn't able to order a review when he was active, since he was out of the country, and if I do it now, what he made won't even matter. How is this possible?????
2006-07-11 09:22:28 · 5 answers · asked by angie 5 in Politics & Government ➔ Military
My husband is in the Army National Guard and on active duty. He is paying child support on 2 children. The Army DOES care about court orders. In fact, if you contact the Army, they will set it up so that it comes directly out of his check to you (or to the county/state and then to you).
If he is that far behind, and you contact the state, they will pursue it. He will most likely go to jail if he can't pay up. The Army will make sure that he honors his responsibilities. If he feels that the child support is too much based on his new income level, he will need to go back to court or file the required military exemption paperwork. Without that, he is required by law to cooperate with the court order.
Good luck!
2006-07-11 12:03:12 · answer #1 · answered by Karen T 3 · 5⤊ 1⤋
I completely support you but here are the facts, He has 4 months to file his return from the time he was released from depolyable status. In addition, he only has to file taxes if his taxable income was over about $5000 so if he is anything like my husband, he probably didn't make that much in taxable income so he didn't have to file. Also, if it was tax free, then there were no taxes withheld, hence, I would not count on that money. Did they garnish his pay while he was deployed? Contact his commander directly and explain the situation. While he was deployed he should have had to pay you support per the order up to 50% of his pay after FICA taxes. As a E-2 that is very little but still should have helped you out a lot.
2006-07-11 10:48:21 · answer #2 · answered by accountant 3 · 0⤊ 0⤋
It doesn't matter that he was out of the country for most of the year. He was on active federal service and MUST file a return, even if the entire year was tax free, you still have to file. Have you tried contaction his First Sergeant or Company Commander? They will usually help. Also, if it is court ordered, then you should ensure that his unit chain of command receives a copy of the order. Now that he is back, you should look into having the case reviewed and get a lawyer, even if its through public assistance.
2006-07-11 09:39:35 · answer #3 · answered by G S 1 · 0⤊ 0⤋
Well to start off - the Army does not care what the court order says about child-support. They will calculate an amount they think is fair and deduct that amount from his pay as an allotment to you. In doing this they use a formula based on his base pay and his BAH at the 'with dependents' rate. (This is a result the history of very unfair court-ordered child-support judgments that left soldiers destitute.)
Next - he did file taxes for the time he was in Iraq - however all money earned in a combat zone is tax-free so he paid very little taxes that year.
As for the rest of your issues, I cannot help you there.
2006-07-11 09:44:18 · answer #4 · answered by MikeGolf 7 · 0⤊ 1⤋
Take the issue to his commanding officer. They probably won't court martial him, but they will give him non-judicial punishment and will probably take the money out of his paychecks. He'll still have to file a tax return, but it's quite likely that most, if not all, of the money he made while serving in Iraq was tax-free. We got tax free money in certain places in the Mediterranean, and in the Persian Gulf when my ship was on deployment. He still earned the money. Just because it's non-taxable doesn't mean that you won't be able to get any of it. You don't sound money-hungry. He just sounds like a dirt-bag.
2006-07-11 09:41:27 · answer #5 · answered by j.f. 4 · 0⤊ 0⤋