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Trying to get child support from a US Army Soldier

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Nanaja

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania


Hello. My ex-husband and I divorced in 2007. We didn't want to go through the court system for child support because I'm in Pennsylvania and he in Georgia, and we wanted to make things simple for both of us. We agreed that he would pay me child support every 1st and 15th for our 2 children and I didn't want to make him pay me alimony. The thing is, sometimes he pays late, less then what we agreed, or nothing at all. He deployed in June 2011, and since then, has decided he can pay what he wants, when he wants, if he wants. Even though I was having trouble with the support before his deployment, I finally decided enough was enough because for the past 4 years, I've been too nice and I'm tired of being taken advantage of. I honestly felt horrible the day I went to domestic relations to file for the child support, because I feel like I'm being a horrible person for doing it. (He used to always tell me I was too nice of a person, and people always took advantage of that). I filed for child support in September 2011. The court date was set for November 1st, 2011, and I was told when the decision is made that day, he will have to pay backpay for September and October 2011.

The court order stated that since he's deployed he obviously doesn't need to show up, but he can either call in or have his power of attorney come or call in his place. The only thing he needs to supply the court is his current LES via email, fax, or mail if he cannot call or have his power of attorney call. He has made it clear to me many times that he has access to a phone whenever he wants. Not only that he calls one of his many girlfriends at all hours of the day. He is in a non-combat zone in Kuwait, he spends all day on facebook and the phone. He refuses to give the name or contact information of his power of attorney, refuses to call in on November 1st, and he refuses to send his LES. Like I said, after his deployment he pays what he wants, when he wants, and I find this unacceptable because he is getting paid a LOT more then what he used to, he doesn't have to pay taxes, and he isn't paying water, electricity, telephone, internet, cel phone, etc like he used to. There is NO REASON for him to not pay a steady child support now.

He says that by federal law, since he is deployed, he doesn't have to "deal" with this right now, and I will have to wait until he is back in June 2012; and I will "take what I get and live with it" during this time.

I spoke to my worker today, and she says this is unacceptable as well, and said she will most likely be issuing a bench warrant for him if he doesn't contact her or send his LES by November 1st.

What will happen to him if a bench warrant is issued while he is deployed? Can they force him to pay child support while he is deployed? Will I have to wait till June 2012 to get this settled? If I do, will I still receive back pay from September 2011 - June 2012? If I do, and the amount is a very high amount that he can't pay right away, what will happen? Why won't his army unit cooperate in this? His commander says he doesn't need to pay the child support by court order right now, or make any calls or send his LES for the hearing. Is this correct?
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania


Hello. My ex-husband and I divorced in 2007. We didn't want to go through the court system for child support because I'm in Pennsylvania and he in Georgia, and we wanted to make things simple for both of us. We agreed that he would pay me child support every 1st and 15th for our 2 children and I didn't want to make him pay me alimony. The thing is, sometimes he pays late, less then what we agreed, or nothing at all. He deployed in June 2011, and since then, has decided he can pay what he wants, when he wants, if he wants. Even though I was having trouble with the support before his deployment, I finally decided enough was enough because for the past 4 years, I've been too nice and I'm tired of being taken advantage of. I honestly felt horrible the day I went to domestic relations to file for the child support, because I feel like I'm being a horrible person for doing it. (He used to always tell me I was too nice of a person, and people always took advantage of that). I filed for child support in September 2011. The court date was set for November 1st, 2011, and I was told when the decision is made that day, he will have to pay backpay for September and October 2011.

The court order stated that since he's deployed he obviously doesn't need to show up, but he can either call in or have his power of attorney come or call in his place. The only thing he needs to supply the court is his current LES via email, fax, or mail if he cannot call or have his power of attorney call. He has made it clear to me many times that he has access to a phone whenever he wants. Not only that he calls one of his many girlfriends at all hours of the day. He is in a non-combat zone in Kuwait, he spends all day on facebook and the phone. He refuses to give the name or contact information of his power of attorney, refuses to call in on November 1st, and he refuses to send his LES. Like I said, after his deployment he pays what he wants, when he wants, and I find this unacceptable because he is getting paid a LOT more then what he used to, he doesn't have to pay taxes, and he isn't paying water, electricity, telephone, internet, cel phone, etc like he used to. There is NO REASON for him to not pay a steady child support now.

He says that by federal law, since he is deployed, he doesn't have to "deal" with this right now, and I will have to wait until he is back in June 2012; and I will "take what I get and live with it" during this time.

I spoke to my worker today, and she says this is unacceptable as well, and said she will most likely be issuing a bench warrant for him if he doesn't contact her or send his LES by November 1st.

What will happen to him if a bench warrant is issued while he is deployed? Can they force him to pay child support while he is deployed? Will I have to wait till June 2012 to get this settled? If I do, will I still receive back pay from September 2011 - June 2012? If I do, and the amount is a very high amount that he can't pay right away, what will happen? Why won't his army unit cooperate in this? His commander says he doesn't need to pay the child support by court order right now, or make any calls or send his LES for the hearing. Is this correct?
If it were a custody issue rather than a child support issue he would be correct. He could invoke the SSRA (I think that is the right acronym). However, I think that I remember that it doesn't apply to child support.

Once you get the court order in place, it can be submitted to the military for garnishment.
 

Nanaja

Junior Member
They are having difficulty figuring out how much will be garnished because he refuses to submit his LES (paystub). They aren't sure if he is getting combat pay or not seeing that he isn't in a combat zone. Also we aren't sure if he is a Specialist or a Sergeant because he refuses to give this information.
 

LdiJ

Senior Member
They are having difficulty figuring out how much will be garnished because he refuses to submit his LES (paystub). They aren't sure if he is getting combat pay or not seeing that he isn't in a combat zone. Also we aren't sure if he is a Specialist or a Sergeant because he refuses to give this information.
Have you tried contacting his command?
 

Nanaja

Junior Member
We tried to contact his command, both in Georgia and in Kuwait, and like I said his commander says he doesn't need to pay the child support by court order right now, or make any calls or send his LES for the hearing.

His Commander is siding with him; and pushing for the June/2012 wait. If he would at least pay me a steady amount until June, I wouldn't mind waiting. But I can't wait anymore, especially with Christmas coming up. It was heartbreaking this summer when the kids kept asking to go camping or to Dorney Park (amusement park) and I didn't have enough money to take them... Even more heartbreaking to hear them ask why Daddy wasn't sending the money he was supposed to so we could go. I'm not dealing with that this Christmas when they want to know why Santa didn't bring them a lot of gifts. My heart can't take anymore!
 

OHRoadwarrior

Senior Member
Not to minimize your situation, but when CS means the difference between having food and shelter, we tend to be more concerned than you being broken hearted because you had to cut down on family outings all summer.
 

Just Blue

Senior Member
We tried to contact his command, both in Georgia and in Kuwait, and like I said his commander says he doesn't need to pay the child support by court order right now, or make any calls or send his LES for the hearing.

His Commander is siding with him; and pushing for the June/2012 wait. If he would at least pay me a steady amount until June, I wouldn't mind waiting. But I can't wait anymore, especially with Christmas coming up. It was heartbreaking this summer when the kids kept asking to go camping or to Dorney Park (amusement park) and I didn't have enough money to take them... Even more heartbreaking to hear them ask why Daddy wasn't sending the money he was supposed to so we could go. I'm not dealing with that this Christmas when they want to know why Santa didn't bring them a lot of gifts. My heart can't take anymore!
You are ACTUALLY telling the children about this?? How vile.:mad:
 

Nanaja

Junior Member
What I meant was that I can't even THINK about doing family outings with them because we don't have the money. I'm a single unemployed mother of two receiving $500 in child support only when he decides to send at least $500. Thats $500 for BOTH children, even though he is making over $4000 a month, and I can't find a job no matter how hard I try. I'm just stating that, things are extremely tight and difficult, and Christmas is coming and I would really like for this to be resolved before then.
 

Nanaja

Junior Member
And NO I don't tell the children about this. But how was I to know they were listening in on a conversation I was having with my mother over the phone? I'm not a vile person for not knowing I had children eavesdropping, and as ALL parents know, children DO eavesdrop from time to time.
 

OHRoadwarrior

Senior Member
So now we go from throwing money away, to I am a poor broke mother who cannot find a job. :eek:



What I meant was that I can't even THINK about doing family outings with them because we don't have the money. I'm a single unemployed mother of two receiving $500 in child support only when he decides to send at least $500. Thats $500 for BOTH children, even though he is making over $4000 a month, and I can't find a job no matter how hard I try. I'm just stating that, things are extremely tight and difficult, and Christmas is coming and I would really like for this to be resolved before then.
 

Nanaja

Junior Member
As I said:

And NO I don't tell the children about this. But how was I to know they were listening in on a conversation I was having with my mother over the phone? I'm not a vile person for not knowing I had children eavesdropping, and as ALL parents know, children DO eavesdrop from time to time.
 
What I meant was that I can't even THINK about doing family outings with them because we don't have the money. I'm a single unemployed mother of two receiving $500 in child support only when he decides to send at least $500. Thats $500 for BOTH children, even though he is making over $4000 a month, and I can't find a job no matter how hard I try. I'm just stating that, things are extremely tight and difficult, and Christmas is coming and I would really like for this to be resolved before then.
Honestly? This is why people get court orders. You didn't do so,and now you're paying the price.

This is actually a prime time to find a job, at least for the holiday season. Even in this economy, places are hiring - you just need to be flexible on the hours you can work. Evenings and weekends are prime hours retail needs.

Have you applied for state aid? Might be time to do so.

And NO I don't tell the children about this. But how was I to know they were listening in on a conversation I was having with my mother over the phone? I'm not a vile person for not knowing I had children eavesdropping, and as ALL parents know, children DO eavesdrop from time to time.
Well... That's why parents are very careful about what they discuss when children are around. Children should not be involved to that extent. Sorry.
 

Nanaja

Junior Member
Yes, I have applied for state aid, that is the only reason why we have managed to get by.

Yes, I should have gotten a court order from the very beginning. But my downfall is that I'm a very trusting person, and when we made the arrangement between us, I thought he would follow through, and he didn't. That is why I now got the court order.

As to my children, I AM careful about what I say when they are around. But I do NOT have x-ray vision, I can NOT see through walls, and I do NOT look around every corner every 3 seconds when I'm on the phone. I've never had the kind of situation where they have eavesdropped before, so I honestly wasn't expecting it. I have been careful since then.

No it is NOT a prime time to find jobs in my area. My town is literally a mile long. The few businesses here are family owned. We have 1 gas station and 2 restaurants. If I want a job, I need to drive down the mountain, which I have done, and I have applied everywhere possible, but I'm told they are letting people go... not hiring. I've been talking with my family so we can move to Illinois, but money has been a huge situation for us. Once again, because of everything being so tight and difficult is WHY I decided to file for the court order in September to begin with.

My ex-husband is the dead beat dad refusing to pay child support, why am I the one being attacked and being called vile for situations that were out of my control and when I'm doing all I can to get the situation fixed. I came here asking if someone could explain why his unit would allow him to put this off, what would happen if he did get a bench warrant, and what would happen if he was ordered to pay a high amount of backpay... the last thing I was expecting was to be criticized and to be made out to be a bad mother.
 

CourtClerk

Senior Member
Well, if he begins to pay support, since you're on state aid, the support money belongs to the state - AND, if you're receiving state aid, then there is money coming into the household. Have you applied for unemployment? How long have you been out of work? Why wasn't moving an option BEFORE you turned out broke?
 
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