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gomanny

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

My spouse and I have done a legal separation back in Dec 2007. We separated for a while and then she moved back around Nov 2008. I now would like to file for divorce and she is currently pregnant and living with me in government quarters, I am military. I was ordered to pay child support because of the separation, we have a 19 month yr old, and I did so for a few months, but then I decided to attempt to pay off her vehicle and started putting the payments plus more towards her vehicle. I need to know a few things. Can I ask her to leave my government quarters? If I file for the divorce, I know it will not be final until the baby is born but will there be a fee? Will I be ok with the child support payments?
 


mistoffolees

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

My spouse and I have done a legal separation back in Dec 2007. We separated for a while and then she moved back around Nov 2008. I now would like to file for divorce and she is currently pregnant and living with me in government quarters, I am military. I was ordered to pay child support because of the separation, we have a 19 month yr old, and I did so for a few months, but then I decided to attempt to pay off her vehicle and started putting the payments plus more towards her vehicle. I need to know a few things. Can I ask her to leave my government quarters? If I file for the divorce, I know it will not be final until the baby is born but will there be a fee? Will I be ok with the child support payments?
Are the government quarters your only residence? If so, it's the marital residence and she can stay there until a court orders her out.

Normally, you could file for divorce and as for temporary possession of the marital residence. If the court approved it (as it should if you are the one eligible to live there), then she'd have to leave. Since she's pregnant, the court might not be so willing to make her leave.

As for child support, you owe the court ordered payments. It is not up to you to pay something else instead. As it is, you are in arrears for the amount you didn't pay and the amount you used to pay off her vehicle is a gift.
 
If she leaves the government quarters with the child, you will have to turn-in those family quarters and be assigned to bachelor quarters.

When she moved back in, was the court order for child support vacated? Was there even a court order or were you paying support because directed to do so by your commanding officer?
 

gomanny

Junior Member
I was paying the child support because it was court ordered and then decided to put the payments towards her vehicle or her loan. When have the separation agreement already done and I was told to get the divorce it would be no charges except for lawyer fees if she contests and we go to court. Is this true?
 

mistoffolees

Senior Member
I was paying the child support because it was court ordered and then decided to put the payments towards her vehicle or her loan. When have the separation agreement already done and I was told to get the divorce it would be no charges except for lawyer fees if she contests and we go to court. Is this true?
I've already answered that question. If you were ordered by the court to pay child support and you decided to spend that money elsewhere (even if it is ultimately for her benefit), you are in contempt of court and she can drag you into court and have the money withheld from your paycheck. As soon as you stopped sending child support checks you were in contempt. Any other money you spent (such as car payments) is a gift and doesn't count against your child support obligation.

If she's nice, she may let you get away with it, but she doesn't have to.
 

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