my son's father is in the military(E4) and he is married, i just filed for child support. does anyone know if wewill be ordered to attend court and about how much he'll be ordered to pay.
2007-03-03 14:34:17 · 8 answers · asked by pebbles007 1 in Politics & Government ➔ Military
Okay, here's the deal. Child support goes through civilian court systems, not military. So, he will have the opportunity to appear, or just pay the child support ordered (most states have a formula based on a number of criteria, one being father's income). Now, he can start an allotment so that the money is automatically taken from his check every month, and he never sees it; or he can try to pay with checks or money orders. Although the military is not a "haven" for dead-beat parents, and every military member has a responsibility to support their dependents and pay their debts, the military cannot force the individual to pay anything to anyone. The only thing they can do is to punish him for not paying, but they still can't MAKE him pay. (It's more like persuasion or coercion). There will probably be a bunch of people here that will tell you that he has to pay all of his BAH or whatever, and that's not necessarily true. Like I said, most states have a formula, and in most cases that amount will be similar to the amount of BAH he receives, but sometimes not.
2007-03-03 14:47:09 · answer #1 · answered by Mangy Coyote 5 · 3⤊ 0⤋
Is he on the birth certificate? If he is then if he has told the military that he has a son then he will receive money for the child. Well that is sometimes, there are loopholes but the majority of the time that is what happens, your son will get a DEERs card and all of that if they see each other, father doesn't have to include him on the DEERs paperwork but he can.
If he is deployed then expect to wait until after he gets back, what happens is when he gets the summons, well actually his wife, she will take it to JAG and they will put a stop of motions until he can appear. This especially holds true is there has to be a paternity test conducted for the court. It all depends on where he is stationed, because they count all the bonus's for housing and such, so if he is in a place that gets really high BAH and such then it will be more than like kansas which really don't make much more than their allotment every month. being a E4 and not knowing more and being married.. I would say maybe 250$.
Also remember that the pay scale above is different for years in service, so a person being a E4 with 4 years is making more than with 1 year experience. Good Luck
Unless you were married it would not be his BAH because he probably uses that to pay for the housing for him and his wife, it will be a percentage of the total amount he makes.
2007-03-03 16:05:24 · answer #2 · answered by Hawaiisweetie 3 · 0⤊ 1⤋
The amount paid is upto the judge and usually based on a formula, most states use the amount made by boths parents, basic living expenses, if the other parent has any other children by anyone else, that sorta stuff. Now paying it, there are two different ways. One is for him to set up an allotment and the other is when the military pay system, DFAS, recieves the court ordered paperwork they will automatically take it out of his pay before taxes.
About attending court. If it is going through a state agency, i.e food stamps, cash benefits, then there will not be court and both of you will get paperwork to fill out and then u both will recieve paperwork saying how much the ordered payment is for monthly. Now if u are filing it yourself and there is no state agency doin it then they're will be a chance for him to either be there or be on the phone during the hearing.
2007-03-03 21:56:52 · answer #3 · answered by Dwayne M 3 · 0⤊ 1⤋
I think that it is up to the court, his command and if he is deployed as to whether order to show up for court. But, in any event an E4 does not make much money, so do not expect a lot of money; because they just do not make much!!! However, he will pay and it should be a fair amount. Not sure that helps, but I wish you the best! This link is to his pay scale, that may give you a start as to what he currently makes: http://www.dod.mil/dfas/militarypay/newinformation/WebPayTableVersion2006updated.pdf
This is how TX figures out the monthly payment:
In Texas, calculating child support is a four step formula and this formula is set forth in chapter 154 of the Texas family code. The four steps are:
Step 1. Determine gross monthly earnings.
Step 2. Determine monthly net resources.
Step 3. Determine what percentage you should pay.
Step 4. Apply that percentage to your monthly net resources.
Good LUCK! BEST
2007-03-03 14:47:37 · answer #4 · answered by YUCNMe? 2 · 1⤊ 0⤋
The military has no say in how much he will be ordered to pay. that is up to the state in which you filed. However, if he is currently deployed, he can request a stay and put a hold on all legal proceedings until he returns from deployment.
2007-03-04 04:48:26 · answer #5 · answered by Mrsjvb 7 · 1⤊ 0⤋
It all depends on the full picture. It is usually a percentage based on pay and paygrade and how much money you are earning as well. And, until there is a paternity test showing he is the father you may have a hard time getting any money. The child must also be on his page 2 as a dependant.
2007-03-03 17:25:21 · answer #6 · answered by Anonymous · 0⤊ 1⤋
The payment is up to the Judge
But if the Military finds out about the Court Date the will make him go and make him pay
You should call his First Sgt
2007-03-03 14:43:26 · answer #7 · answered by Stephen H 2 · 0⤊ 2⤋
hell file for a dna test which will give him up yo 6 months to ignore you. ive seen it time and time again
2007-03-03 14:48:22 · answer #8 · answered by Anonymous · 0⤊ 1⤋