Ex is military overseas

[nvr2late]

What is the name of your state? Currently a resident of Missouri, however case was done in Arkansas. I have full custody of the children. My ex is Air Force stationed overseas. He owes just over $1900 in back child support, refuses to provide ID cards for the children, and claims he wants to drop his parental rights. He also claims it is up to me to start the process for him dropping his rights. He has contacted his lawyer who contacted my previous lawyer (can't be my lawyer now due to living in MO) to request this plus not having to pay child support. My lawyer laughed and said no to no child support. My ex has yet to visit the children as outlined in the custody papers, although he calls now and then. The children have no desire to visit him overseas and would love for my current husband to adopt them. My ex currently has an allotment for child support. He also claimed one child on his taxes even though I have full custody. The IRS wont do anything, the local Police wont do anything, the military wont do anything.
How do I get him to pay the back child support?
How do I get my taxes done right and claim both children as I am entitled?
How do I get ID cards for the children?
Where do I go, what can I do?

 

[rmet4nzkx]

Petition the court with jurisdiction for a modification of child support to collect arrearages, you may do this through CSE as well, this will be added to his allotment, unless he invokes SSCRA, at the same time file contempt for not providing ID cards if they are court ordered. Is he providing insurance? Otherwise unless your husband is begging you to adopt the children, leave it be. He is not required to visit, child support and phone are contact. Apparently he doesn't like paying child support.

 

[Ambr]

I had a similiar problem with ex claiming children for taxes.

I filed my taxes, get a call from the IRS stating that the kids SSN #s have been filed on someone else's tax form. My taxes papers were forwarded to error resolution department. They mailed me a couple of forms, requested that I feel them out. Provide them with a copy of divorce decree showing that children lived with me. Faxed it in - could mail if I wanted. I was square.

Ex had to provide them with documentation showing he had the right to claim the kids. Either court papers or my release signature. He didn't have either. he was screwed!!!

It will slow down your filing, but if you can wait it out - you should be okay and ex should have ALOT of explaining to do with Uncle Sam.

 

[nvr2late]

Petition the court with jurisdiction for a modification of child support to collect arrearages, you may do this through CSE as well, this will be added to his allotment, unless he invokes SSCRA, at the same time file contempt for not providing ID cards if they are court ordered. Is he providing insurance? Otherwise unless your husband is begging you to adopt the children, leave it be. He is not required to visit, child support and phone are contact. Apparently he doesn't like paying child support.

Which court would have jurisdiction, the one that made the decision (AR) or the one in the area where we now live (MO)?
THe court ordered he provide insurance, so far they are covered.

 

[stealth2]

What is his state of residence?

 

[nvr2late]

What is his state of residence?

The last I knew he had IL for his home of residency on his LES so he wouldnt have to pay state taxes. He has no family there. His family is in GA, he last lived in AR. The case was settled in AR but the judge told us the last time we were there that she wouldnt hear any more issues from us because he kept taking me to court and she got tired of his crap. (she said that too!) Would I have to travel to AR to resolve this or can I do this here in MO? Or worse yet would it have to move to the state he has on his LES?

 

[stealth2]

You could likely petition to have jurisdiction moved to MO since neither of you lives in AR.

 

[nvr2late]

Where do I file to have it moved? Local court house? If it is not moved and he takes me to court as he is now threatening to would he have to pay for my travel to AR?

 

[rmet4nzkx]

You will have to file in AR to move it to MO however since he is in the military, he can stil claim AR residency even when he is overseas and can also invoke SSCRA so you may just have to make your motions there or use CSE to attach the arrears.

 

[nvr2late]

According the the child support office they only monitor, not enforce, unless there is a court order for enforcement. How can I get this changed?

 

[rmet4nzkx]

Go to court in AR.