We dated 5 years, married in July'06, and I became pregnant during the honeymoon. Aug'06 he left me for another woman. She became pregnant Oct'06. In Nov'06, he went to bootcamp. Two weeks later, our divorce was finalized. They married in Feb'07. Our child was born April'07.
In the divorce, he was required to pay child support ($224 a month), and as additional support 1/2 of daycare, all of medical, and he has to get $150,000 in life support. There was no alimony.
The child support was based of me making $2000 a month, and him at no income, which in oregon meant they based it off minimum wage. (He had no job the last 2 1/2 years before the military)
I have a new job, which pays less but has more opportunity ($11 hourly vs $13 before). He is now pfc, and told me he makes $2500 a month. I wish to raise the child support (cs), but he claims his income that can be counted towards cs is only $800 a month. How do I determine if this is true? What else should I be looking into?
2007-05-30 08:52:45 · 8 answers · asked by all_the_answers 2 in Politics & Government ➔ Military
So far he has not paid his cs, and I don't know how to get the daycare money from him. I know he can be garnished for the cs, but I don't know about the daycare.
2007-05-30 08:54:27 · update #1
You need to apply for services with your local child support enforcment agency..They will assist you at little or no cost. They have access to information military pay and benefits which will help. Take a copy of your support order with you when you go see them. They can garnish his wages and collect the arrears for you.
2007-06-03 07:15:27 · answer #1 · answered by curious74432 3 · 0⤊ 0⤋
As an E-2 with less than 2 years service, his base pay is $1458.90 per month. That does not include housing and subsistence allowances he may receive.
The court system that issued your divorce should have some agency or office that can apply on your behalf for a garnishment order. On receipt of the garnishment order, the military will deduct the court-ordered child support amount and send it directly to you.
2007-05-30 09:03:50 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Talk to a lawyer and Uncle Sam is hard on their troops of not paying Child Support. They will be on top of him and fine him more if he doesnt. They are even entitled to pay you backpay from when the divorce is final and the baby was born. If he didnt pay while he was in then that is it. As for the $2500 a month, that is what he probably makes right now with all the benefits and everything they give him for clothing and all. They cannot touch that part, but you can get his base pay. Try talking to someone who specializes in military divorce trials.
2007-05-30 11:11:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
By him being in the Military, you are suppose to immediately get your child support. Uncle Sam don't play that lol!!!!! But seriously you need to got to Child Services and request again and also request for a raise. Also show them your divorce decreed so they can see that the judge order him to pay. Cause the new wife is getting it all now! He will be in trouble with the Military once you take him back to court for support order. I know cause I have dealt with the same situation in are in. Good luck girl and get your money!!!!!!!!
2007-05-30 09:08:19 · answer #4 · answered by Jai LaShay 2 · 0⤊ 0⤋
YOU went to court and had him emancipated? Without him? You will not get it back. I also would wager that it is probably being applied to some back support from a prior time that wasn't paid. I know a gal who is still collecting on her married daughter who is 26 or 27 now. The dead beat dad didn't pay anything at all for the first 19 years of her life. He is still owes thousands and the courts are making him pay it.
2016-05-17 06:13:52 · answer #5 · answered by ? 3 · 0⤊ 0⤋
what parts of his income that can be counted towards child support is strictly based on your state's laws. some include BAH and BAS, others do not. some take into consideration other children, others do not.
you wilol need to go back to court. once you do, you can contact his Chain of command and they will enforce the order.
2007-05-30 11:36:19 · answer #6 · answered by Mrsjvb 7 · 0⤊ 0⤋
I am pretty sure they can garnish for anything he was court ordered to pay....but you will have to check with a lawyer to find our for sure.
2007-05-30 08:57:28 · answer #7 · answered by yetti 5 · 0⤊ 0⤋
you have to go back to court
2007-05-30 09:01:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋