What next?

[dela234]

What is the name of your state? CA


My husband of 4yrs told me that he filed divorce papers. Should I wait until I am actually served with the papers before doing anything? He is in the Army and I have not gotten support for our 6yr old son. I plan on contesting the divorce. He is basically leaving me to be with someone else and am not sure what his grounds for the divorce is. I think he filed in NY since we lived there for over a year. Will I be able to obtain spousal support as well as child support?

 

[usmcfamily]

I am sorry but I have not input/advice for you regarding your specific questions (other than to say that the court will first look to provide child support and then IF you qualify, which it is doubtful you will, they will look to spousal support......and considering military pay being what it is there isn't likely to be enough $$$ to go around so the spousal support will be the first place they make cuts....meaning if he can afford one but not the other - again only if you qualify in the first place for s.s. - they will order c.s. and not spousal support) but once the orders are in place I suggest you submit them to DFAS immediately for garnishment procedures to be undertaken. This will protect you in a a few ways - first it avoids having to depend on him to send the money each month and most importantly if DFAS sets the payments up as allotments from his pay you will be protected from anything in the future (ie NJP pay forfeiture, recomp for pay errors, etc) that would reduce his pay because allotments are paid automatically and regardless of how much he actually sees in a month (to put it in plain english if he were in trouble and ordered to forfeit pay the allotment would still be paid regardless of the forfeiture where as if it isn't an allotment and you are relying on him to send the money to you and he is ordered to forfeit you may not get your money because he may not be able to afford to send it to you......make sense?)