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Hiding behind Soldiers & Sailors Act

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PenutButterChip

Junior Member
What is the name of your state? MA

My childs loser father is stationed in Germany and has been there for 2 almost 3 years and i have tried 2x to get my support raised from the peanuts he gives me but he has been appointed a lwyer because he is overseas and cant appear. They will not raise the support because he is not present?!?! I have to wait until he comes back, but I know that he and his wife like it there and are trying not to come back. How long can he hide behind this?

Also between the first time I wanted it raised and now he has had achild with his wife, is that going to factor into if they raise it or not. ( I hope not because that is absolutely unfair! But I know worse things happen...)
 


splcstr2001

Junior Member
Wow!

What a tangled web we weave!!!!!!!!!!!
There is nothing like dealing with JAG lawyers, huh?
My ex was an Army Sarge, and he could not be crucified until he returned home, on anything. You will have to wait until he is discharged from that location and returns home.
Situations dealing with the armed forces are really sticky.
Call a family law attny in your area, or your states attorney general.
As far as the new baby, I have been told that a court may consider the needs of support for all children and then split the %.
i.e...............usually 1 child receives 25% of NCP net resources, however If there are 2 the amount would reduce to, say..........20%, and so on, you would have to check with your states formula................................. on the other hand, some courts consider children before the court, (as children before the court that have papers) (C/S orders). I know people that have had kids with other people and the court did not factor in the other child or children in to the NCP obligations because they were not on paper, make sense? Could go either way.
Depends.........................check state statutes and codes, you can do that online!
 

PenutButterChip

Junior Member
:rolleyes: That is what I figured but I was hoping someone new something good, a little secret I could use or something. Oh well I had to wait 2 years for him to start now I guess I have to wait a few more til it increases. :(
 

splcstr2001

Junior Member
Maybe a member of the military might see this and offer a bit of advice, that has just been my experience with it all.
Sorry!
 

stealth2

Under the Radar Member
yeah, God forbid our soldiers might be permitted to focus on their jobs while we're at war. How dare they. :rolleyes:
 

I AM ALWAYS LIABLE

Senior Member
PenutButterChip said:
What is the name of your state? MA

My childs loser father is stationed in Germany and has been there for 2 almost 3 years and i have tried 2x to get my support raised from the peanuts he gives me but he has been appointed a lwyer because he is overseas and cant appear. They will not raise the support because he is not present?!?! I have to wait until he comes back, but I know that he and his wife like it there and are trying not to come back. How long can he hide behind this?

Also between the first time I wanted it raised and now he has had achild with his wife, is that going to factor into if they raise it or not. ( I hope not because that is absolutely unfair! But I know worse things happen...)

My response:

Apparently, you went into court without counsel. You were bamboozled. You see, a judgment had ALREADY been rendered, and you were in court merely to have the previous judgment AMENDED to reflect a greater amount of child support. This is NOT a new judgment or a "default judgment".

Pursuant to the Servicemembers Civil Relief Act (SCRA, 50 USCA App. § 501 et seq.) (formerly the Soldiers' and Sailors' Civil Relief Act), a default judgment or new judgment cannot be entered against a respondent in active military service unless counsel is appointed to protect his or her interests or respondent waives his or her rights under the Act. [See 50 USCA App. §§ 517, 521] The Act is silent concerning "amending a judgment" - - and this is especially important when there's a child to feed, and to supply all the other "necessaries of life". The court always retains jurisdiction when child custody, visitation and support are concerned. Being in the Service does NOT change or modify that jurisdiction.

Since he appeared by way of counsel, had you argued your case correctly (or rather, had counsel to argue for you), you would have been able to have your child support increased at least to the current guideline level.

Read the Servicemembers Civil Relief Act.

You blew it. By not having representation, you saved a penny, but lost a dollar.

IAAL
 
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snodderly

Member
IAAL is right. I should know, I was a military spouse for 17 years and have made it my busy....hell, I've had to learn what my children's legal rights are.

If you have an order in place then the courts have jurisdiction and can amend that order whether he is there or not. All he needs is to be represented by counsel. The military has no say in a civil matter. Call the JAG office, they will tell you that very thing. Do some research, learn the laws and get yourself an attorney.
snodderly
 

snodderly

Member
yeah, God forbid our soldiers might be permitted to focus on their jobs while we're at war. How dare they.

stealth, your attitude is funny and based on a lack of knowledge. The funny thing about it is that it goes against what the military itself considers proper. The military does not care where a military member is stationed or what kind of war they are engaged in, their first obligation is to the support of their dependents.....their children.

I've said this to you before and, although it's probably a waist of my time will say it again. Being in the military in time of war does not give the military member the right to shirk their responsibility to their dependents. That is civil and military law. I'm not so sure why you feel the military member should be coddled and allowed to financially abandone their own children just because we are at war.

I'm all for supporting our troops. I'm morally against supporting military members who won't support their own children.
snodderly
 

nextwife

Senior Member
snodderly said:

I'm all for supporting our troops. I'm morally against supporting military members who won't support their own children.
snodderly


The poster did not say he was failing to pay support.

She stated she had been unable to increase support. Unless the current income. etc. has been reviewed, one can't even know if a support increase would be ordered. AS this would be a modification and not a new order, his support obligations for all his children may be taken into consideration in determining any increase.
 

snodderly

Member
If the non-custodial parent is active duty military then they get yearly pay raises. Substantial pay raises I might ad. He also gets extra BAH because he lives in Germany.

If this person's child support has not been modified in 3 years and he is active duty military then his children are elligible for a substantial increase in support.

When a member of the military will not voluntarily increase child support when they get raises then they are failing to support their child according to state guidelines. He knows he has increased salary. He knows that if she gets an attorney and takes him to court she will win.

State law dictates whether or not another child would enter into the equation. Knowing military pay scale the way I do and the amount of raises they get every year, I have no doubt she would be entitled to an increase.

He is not going to do what is right by his children until he is forced to. That is morally objectionable.
Cathy~
 

gphjr

Member
I dont know who told this guy that military personnel get big raises? He served in the military for 17 years and didn't make it to retirement says a whole lot. Military folks don't make much money, we are way under the going rate for most occupations in the civilian arena. Now to the question, IAAL is correct. The courts or preferrly your attorney should request from your x husband or baby daay which ever is correct, his last the leave and earning statements also known as a LES. Your atty must request a modification to the child support based on those LES'S the 17 year vet is correct that he may be making more money due to being in Germany. Your atty must also known if MA does ficticious income, because if he lives in housing then his LES won't reflect the BAH and OHA he would receive if he lived on the economy.
 

snodderly

Member
gphjr, you either can't read or your comprehension level is way low buddy.

IAAL is right. I should know, I was a military spouse for 17 years and have made it my busy....hell, I've had to learn what my children's legal rights are.

Reread the above, notice the words "military spouse?" This "guy" is a girl who was married to a military member for 17 years. Duh! You know, if you are going to respond to what others say, you really should try and comprehend at the same time you are reading.

As for the ex spouse, he is still in the military.... A bird col. who makes a little over $100,000 a year. He made his retirement and then some! Really doesn't matter though, they all get those hefty pay raises every year. Lot heftier than someone in the civilian work force.
snodderly
 
T

tigger2two

Guest
I should know, I was a military spouse for 17 years

she wasn't in the military her spouse was. I dont know anything about the order already in place. It is safe to say that IAAL knows what he is talking about.

I do understand your frustration. My ex isn't away from the states and was still allowed to drag his support out for over a year based on the sailor act. It is very annoying but you have to stick to your legal guns. Hire an attorney. I dont know if your state is the same or not, but in NC my ex had to back pay the difference from the original date that i filed the complaint with CP enforcement.

I do know that you can contact military officials in his command for some result as well. They don't take kindly to their men not reporting increases in pay to child support enforcement. Your original order should have a clause in it under ORDERED ADJUDGED AND DECREED, that requires both parties to report change in income.
 

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