My husband is getting ready to join the Navy. We currently pay child support for his daughter. Question is: When he enlists and starts getting paid, how does the military figure up the child support? His recruiter said that the courts can not consider the BAH and food allowance "income" therefore can't be considered when figuring child support. He said that they will take 20% of his base pay. Is this true? And, how does visitation work with cases like this. We will moving to another state I am sure. We currently have his daughter every other weekend from Fri-Sun and one overnight per week. We live in Illinois. Thanks for the help!!
2006-10-19 14:17:46 · 7 answers · asked by yeager_renee 2 in Politics & Government ➔ Military
Also, we tried to get joint custody before and the judge said no because we all get along and the mother did not want him to have it. I didn't know it was the mother's decision!!???
2006-10-19 14:31:04 · update #1
Well, I used to be in the Navy and I can try to explain. They will not take away money from your BAH or BAS but they will take 20% from his base pay considering what rank he is. Thats the bottom line....when your husband gets to his first command after boot camp or to his first C-school, he can go to Navy Legal and they can explain the whole process and legality...he can ask when he gets to boot camp but, he might want to get in the RDC's good graces before he starts asking for favors. The Navy will take care of him..and you. I hope that this helps...
2006-10-19 14:25:48 · answer #1 · answered by bonafidebrother 1 · 1⤊ 0⤋
There is an actual Navy Order and DOD policy that deals with this issue. First, the Navy will not determine how much child support will be paid UNLESS there is not a court order or mutual written agreement. If there is a court order or mutual written agreement, the Navy will mandate that the servicemember pay the ordered (or agreed upon) child support. Also, it is important to remember the servicemember's commanding officer will only get involved once a complaint of non-support is made. In response to the BAH portion of your question, it depends on what state is handling the child support issue. Some states consider ALL income to include housing allowances, some do not. In most cases dealing with child support and custody issues, it is best to come to a mutual agreement. However, if you are unable to come to terms, seek legal assistance. Once your spouse is in the Navy, you will have access to military legal assistance at the base legal shop. The Navy order that deals with family support is 1754-030 of the Milpersman.
http://buperscd.technology.navy.mil/bup_updt/upd_CD/BUPERS/MILPERS/MILPERSMAN%20%201754%20-%20FAMILY%20SUPPORT%20PROGRAMS.PDF
2006-10-19 23:44:11 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I think the recruiter is right. But he should check with a lawyer. I don't think the "allowances" are income when figuring that out.
The visitation is another matter. Probably best to get a lawyer either way to figure out a new arrangement. Maybe a whole week every couple of months if you move away.
2006-10-19 21:26:32 · answer #3 · answered by shogun_316 5 · 0⤊ 0⤋
the military has ZERO say in how child support, visitation or custody is determined. That can ONLY be done through the civilian courts. These things need to be hammered out before he enlists so you know what to expect.
2006-10-19 22:10:18 · answer #4 · answered by Mrsjvb 7 · 0⤊ 0⤋
All the other posts are giving good info, though, if the mandated child support is, for example, $350.00 per month. Than, your husband is required to pay that amount. 20% of base pay sounds a little high to me. I can tell you that you are better off reporting the child support to your chain command. Don't have them find out on their own.
2006-10-19 23:09:13 · answer #5 · answered by sfcjcl 5 · 0⤊ 0⤋
Only part of the question I can help you with is that he will need to go back to court to reestablish custody. Hopfully he doesn't have anything in the custody decision that prevents him from moving, but that is probably not likely. It would be more an issue for the mom if she was trying to move.
2006-10-19 21:26:57 · answer #6 · answered by eyellnevrtell 4 · 0⤊ 0⤋
in our case the court counted all the money in we are paying a lot and my hubby does not even get to see his son.
So i guess it depends on the court.
I think the court is mostly unfair towards the father it always should be in the best interest of the child not the mother.
You right though who is she to say she does not want joined custody its your husband child too.
When you live in another state mebay its best to see if you can have visitation during summer breack or x-mas break etc.
Good luck!!
2006-10-20 07:14:53 · answer #7 · answered by Sunshine 4 · 0⤊ 0⤋