My sons dad went to a military prison about a month before our son was born, the military promised if I helped in the case I would get child support and our son would get military benefits. A few weeks after our son was born I went to Social Services and filed for child support and was told I could not get it due to my sons dad being in prison, I told them what the military told me and they called up one of the people in charge of the case, the person told the people at the social services office I could not get it, I was basically used.
What I want to know is if there is actually any way for me to get child support? The military loves to lie and this one women I use to work with claimed to have been receiving child support from her military ex boyfriend who was in jail.
2007-08-09 11:53:27 · 9 answers · asked by Diamonds_Glow 4 in Politics & Government ➔ Military
I was told that he would not be discharged until he was released from the military prison which will be when our son is about 15.
2007-08-09 12:14:48 · update #1
your child's father has forfeited all pay while he is in the brig. you can't get child support because he isn't getting paid.
However, your son is entitled to TRICARE while his father is in the brig because technically he is still in the military. That will end the day he is discharged though.
2007-08-09 12:11:39 · answer #1 · answered by Mrsjvb 7 · 1⤊ 0⤋
The military may not have lied necessarily... It depends on the soldier's court marshall. Some people go to military prison and do not lose pay. Others do lose pay. If he lost pay, then there is no paycheck for you to gather child support from. It also depends on whether or not he's active duty or discharged already.
If he's the biological father and on the birth certificate, you can file for child support like you would for any man in any other career. His being military is irrelevant. However, again- you cannot collect child support if he has no income!
As far as benefits, that's your ex's fault. He has to claim that he has a dependent and enroll him in DEERS through the military. DEERS is a system that provides ID cards and medical benefits to spouses and children of the soldier. You need to talk to the soldier and make him do this. If he doesn't then you can notify his chain of command.
P.S. If he's not on the birth certificate, then you pretty much screwed yourself... You'd have to go to court and pay for him to take a paternity test, then you can proceed with child support and medical coverage...
2007-08-09 11:57:51 · answer #2 · answered by THE QUEEN B 4 · 2⤊ 0⤋
honestly your probably out of luck, more than likely if he went to prison he probably got a dishonorable discharge and if he didnt he will when hes released, also more than likely even if he is still enlisted he may not be getting pay. The people who told you that probably shouldnt have PROMISED not knowing what the results of the court marshal would be. since your not married he would have to admit paternity and do all the paperwork for your son to get the benefits if hes still enlisted, otherwise your pretty screwed. and probably always will be if he got a dishonorable, dont count on him having a good job anytime soon.
wait a min here......your saying that basically you ONLY testified because they promised you they would make him support your son. and what he did was bad enough to get him 15 years????wow you are gonna say blah blah the military loves to lie etc.....then basically say if you had known you werent gonna get child support you never would have testified against someone who obviously commited a felony??? so if they would have said look he commited a horrible crime but if we lock him up you wont get child support what would you have done? talk about someone with low morals... the only thing your gonna be entitled to is tricare for your son (because hes most likely forfeited pay) and in order to get that your gonna have to go to court and explain the situation and YOU will have to pay for a DNA test then he will have to put your son on his benefits. or you could save the money and the trouble and go find yourself another felon to support you..maybe a drug dealer or bank robber would be good for you, then you wouldnt have to be such a gold digger leaching off the tax payers.
2007-08-09 12:11:01 · answer #3 · answered by CRmac 5 · 1⤊ 0⤋
Child support is a separate benefit of being in the military. If he was dishonorably discharged before going to prison, his dependents may not be entitled to support. If he is still enlisted,, and even if you don't know, call your Congressman's local office and get them on the case.
2007-08-09 11:58:51 · answer #4 · answered by thylawyer 7 · 2⤊ 0⤋
Go to his commanding officer. I don't know about the financial support, but I do no that if he is still enlisted your child should have military benefits. You should not have to pay any healthcare what’s so ever. If you know the fathers info (i.e. SSN#, DOB, etc) call the Tricare management company for your region (go to tricare.com) and have your child enrolled ASAP you can do it over the phone.
As far as money I would get yourself a damn good lawyer, and if his case is not closed threaten to go to the defense attorney and retract your testimony if your demands are not met!
2007-08-09 11:59:53 · answer #5 · answered by THe T 3 · 1⤊ 0⤋
I'd speak directly to a military person of some sort...possibly someone that handles specifically military benefits...If they told you that they'd give it to you- then they have to. You can't be used by them- it would breach your rights. Thats a violation on their part and you may have a case for court.
2007-08-09 11:57:05 · answer #6 · answered by Mr. D 3 · 0⤊ 1⤋
Instead of asking on here why not try militaryonesource.com
They will help you answer everything!
2007-08-09 12:15:37 · answer #7 · answered by Tinka 2 · 1⤊ 0⤋
Get a lawyer .Good luck
2007-08-09 11:59:15 · answer #8 · answered by Max 1 · 2⤊ 0⤋
Honestly, you shouldnt of had a kid to someone who is a criminal.
2007-08-09 12:16:23 · answer #9 · answered by ? 2 · 1⤊ 0⤋