garnishment for child support

[PJ249]

What is the name of your state (only U.S. law)? NC
I have been receiveing court ordered child support payments through ex's ( we are been legally separated, but not divorced yet) military wage garnishment. He had a medical board hearing to try to get a medical discharge(and I testified on his behalf over the phone) due to PTSD. I was told that my testimony helped and instead of kicking ex out due to his disiplinary behavior ( he was supposed to go to jail for assault), he would be kept on active duty until the final decision. He has been in Special Forces for 18 years. Ex then said, he was going to get full disability and I wouldn't be entiled to any of it (meaning child support), he lies alot, so I don't know what is going on. However, I did not receive the automatic child support payment this month. The child support service agency says that the source they were getting garnishment from is no longer active. How can I find out what has happened. Our children are 7 and 10 and one has Autism. I receive a small SS payment to help with her care, but have no other income except the child support right now and can't afford another lawyer. Our separation and child support orders were done in California, but we are both in different states now. I am in NC and he is in CO.

 

[Shadowbunny]

What is the name of your state (only U.S. law)? NC
I have been receiveing court ordered child support payments through ex's ( we are been legally separated, but not divorced yet) military wage garnishment. He had a medical board hearing to try to get a medical discharge(and I testified on his behalf over the phone) due to PTSD. I was told that my testimony helped and instead of kicking ex out due to his disiplinary behavior ( he was supposed to go to jail for assault), he would be kept on active duty until the final decision. He has been in Special Forces for 18 years. Ex then said, he was going to get full disability and I wouldn't be entiled to any of it (meaning child support), he lies alot, so I don't know what is going on. However, I did not receive the automatic child support payment this month. The child support service agency says that the source they were getting garnishment from is no longer active. How can I find out what has happened. Our children are 7 and 10 and one has Autism. I receive a small SS payment to help with her care, but have no other income except the child support right now and can't afford another lawyer. Our separation and child support orders were done in California, but we are both in different states now. I am in NC and he is in CO.

You may not be able to find out what happened to him (Chaptered out vs. Medically Retired), but you can follow the process listed here: http://www.dfas.mil/garnishment/childsupportalimony/startpayment.html and if he's still getting paycheck from the military, you'll get your child support.

Also, if he retired his children are still entitled to Tricare. As long as you're still married, you can register at www.mytricare.com and check on eligibility.

 

[PJ249]

Thank you for your reply. I found out from DEERS that he is still active duty and will be until sometime in May. However, a paralegal from DFAS or DEERS, I'm not sure which, had sent the child support collection agency a letter saying that he got out in January. I don't know how they will fix it so that I get this month's child support. I tried several times yesterday to contact DFAS and was put on hold for 30 minutes at a time and then disconnected. I'm not even sure if they will tell me anything, since I am not the military member. If EX will be getting just military disability pay, can it be garnished for child support and spousal support? We have been married for 12 years and he has been in the Army for 18 years.

 

[Ohiogal]

Why aren't you working? Have you been looking for work? Have you applied for aid?

 

[PJ249]

I have Chronic Lyme and it is VERY debilitating both physically and mentally and can take several years to even somewhat improve. There are not many doctors that will treat it and insurance doesn't cover it either, yet. I have had to research and try to do it on my own Homeopathically. Fortunately mine isn't as bad a many who end up in a wheelchair. I am sometimes in excruciating pain, and the neurological problems can get intense, but I can still function most days and have help from my parents when I can't.
I was a stay at home mother for most of the marriage. I have worked part time when I can. Over the years, I have not had enough hours to qualify for disability. With what I could earn for temporary part time work, plus the child support/spousal support and small SS for daughter with Autism and some food stamps, I would not qualify for any other assistance. The Lyme has improved slightly over the past year and I am now going to school and hope I will be able to work when I graduate. I will still need the child support payments