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Grr..He's gone overseas

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Noelle_71

Member
What is the name of your state? Florida and Texas

Okay, I filed with Florida to modify my child support so my children's support is at a level commensurate with my ex's income. My ex had told me he was being sent overseas (to Qatar) in late September (he's in the USAF). But here it is and he's gone already. Florida had not served him with anything before he left and I am concerned that since he is now out of the states, that everything will stall out. What happens in a case like this, where a military member is on a US base oversea's? Are the kids just out of luck with gaining more support from this less than supportive dad?

:(
 


Noelle_71

Member
rmet4nzkx said:
It will depend on whether or not he decides to envoke the SSCRA while he is deployed.
I don't see how that would apply to c/s. Doesn't seem right, to me. He's been in the military for 20 years, he didn't "just" go. Please let me know how that law applies to child support. If he's supporting his other child (younger and a different mother) wouldn't he be held responsible to support his older children too?
So confusing. I'll keep searching.
 
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rmet4nzkx

Senior Member
Noelle_71 said:
I think I found my own answer.

He can't hide from this modification, the act won't help him. Interesting reading anyway.

http://www.acf.dhhs.gov/programs/cse/fct/militaryguide2000.htm#collect
How do you figure the SSCRA doesn't apply to him? Currently the only thing that would apply would be the current orders. If he is not already represented by counsel and agreed to modification, you have not served him yet, if he envokes the SSCRA you will have to wait for his return to proceed with the modification hearing, and then you might or might not collect any modification granted since your filing. Filing without service, in and of it's self doesn't negate the service member's option in so far as the SSCRA. The link you provided does not address deployment.
 

Noelle_71

Member
rmet4nzkx said:
How do you figure the SSCRA doesn't apply to him? Currently the only thing that would apply would be the current orders. If he is not already represented by counsel and agreed to modification, you have not served him yet, if he envokes the SSCRA you will have to wait for his return to proceed with the modification hearing, and then you might or might not collect any modification granted since your filing. Filing without service, in and of it's self doesn't negate the service member's option in so far as the SSCRA. The link you provided does not address deployment.
I only mean I don't think it applies to this situatoin. I'll let you know what happens. I know a judgement can't be rendered on default, however he is entirely reachable and can easily correspond via mail, telephone or representation through a lawyer. I get the SSCRA and it's intention. However, I don't believe it was intended for use and an avoidance but as a protection mechanism. Our divorce was done completely through correspondence while he was overseas and I was stateside so why not this? Further, his wife is still stateside, although I doubt that will factor into this.


Courts might not consider presence of service member necessary to the proceeding; thus, no stay is granted. See Shelor v. Shelor, 383 S.E.2d 895 (Ga. 1989). As general rule, temporary modifications of child support do not materially affect rights of military defendant as they are interlocutory and subject to modification. See also Williams v. Williams, 552 So.2d 531 (La. Ct. App. 1989). Facts of each case determine whether trial court abused discretion in refusing stay request.

The court in Florida had already verified, by sending him some financial verification form, his location before he left. I don't know if that matters at all, but if they did that and he did not notify them that he was leaving -- well I wonder if that is going to have an effect. Further, he knew this was coming, it's not a deployment, it's a TDY, he'll only be gone for six months. I'm not any kind of expert on military send offs, but I was in the military for 8 years myself and TDY's don't count the same as other assignments. His pay will not change, nor his benefits and his wife (also military) is handing matters back here.
Do you think that technology makes a difference to courts nowdays? I mean, it's so easy for people to correspond back and forth worldwide, you'd think that would be considered.
Again, I'll let you know what happens, should be interesting. I really hope we can get this done for the good of the kids. I just know I can't do it on my own anymore :/
Eep.
 
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Noelle_71

Member
LdiJ said:
That WAS very interesting reading.
Yes, it was, but I wonder if it's just interpratation or if the information is or was included in the original drafting of the act, or carries over into the expanded wording of the act.
 

rmet4nzkx

Senior Member
While it is true that today it is possible to communicate by email etc or he could be represented by counsel, he is not required to do so. The fact that he was eager to get a divorce from you and did so even though he was away is a different case, a modification of child support is a different case and thus allows him to evoke the SSCRA if he chooses. The intent of the SSCRA is to protect the service member/families while they are deployed and to allow them to concentrate on their mission, in this case, deployed in a war zone. I understand teenagers cost money, but if he is also supporting another child that may also any modification you might eventually receive and some of his income may be protected, the modification may be tempoary. If he has 20 years in the military, you should have known about the SSCRA and filed accordingly, you alos realize he could retire and then you will get less.
 

Noelle_71

Member
rmet4nzkx said:
While it is true that today it is possible to communicate by email etc or he could be represented by counsel, he is not required to do so. The fact that he was eager to get a divorce from you and did so even though he was away is a different case, a modification of child support is a different case and thus allows him to evoke the SSCRA if he chooses. The intent of the SSCRA is to protect the service member/families while they are deployed and to allow them to concentrate on their mission, in this case, deployed in a war zone. I understand teenagers cost money, but if he is also supporting another child that may also any modification you might eventually receive and some of his income may be protected, the modification may be tempoary. If he has 20 years in the military, you should have known about the SSCRA and filed accordingly, you alos realize he could retire and then you will get less.


BTW, he wasn't eager to get a divorce from me..I divorced him, he was back and forth to the states to visit his girlfriend during that time and that has no bearing on this. I can't understand why you always say things like that to people, just to get a rise. Furthermore, I get the intent of the SSCRA as I said. The SSCRA isn't automatic. Futher, he isn't in a war zone, he's in a resort, on a tdy,training others how to read instrument settings.
The man makes much more money than me, his wife is in the military and can support her own child on her own money, I'm not concerned with his other kid. I'm concerned about mine. Even if he retires, his income will likely go up because he's only 40 and the private sector in his field pay much more than military anyway. I only have four more years to deal with this absent father and then I won't have to anymore.
Like I said before, I'll let you know what happens.

Edit to add....
**I'm going to add one more thing. Modifications require little more than financial affidavits. Hardly distracting from his job. I *AM* going to get what my children require from him and I'm going to do it now, whether he's deployed, tdy or on a regular assignment. Thank you rmet for getting me fired up because I am going to prove to you what the SSCRA is for and it isn't this. :)
 
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rmet4nzkx

Senior Member
Noelle_71 said:
BTW, he wasn't eager to get a divorce from me..I divorced him, he was back and forth to the states to visit his girlfriend during that time and that has no bearing on this. I can't understand why you always say things like that to people, just to get a rise. Furthermore, I get the intent of the SSCRA as I said. The SSCRA isn't automatic. Futher, he isn't in a war zone, he's in a resort, on a tdy,training others how to read instrument settings.
The man makes much more money than me, his wife is in the military and can support her own child on her own money, I'm not concerned with his other kid. I'm concerned about mine. Even if he retires, his income will likely go up because he's only 40 and the private sector in his field pay much more than military anyway. I only have four more years to deal with this absent father and then I won't have to anymore.
Like I said before, I'll let you know what happens.

Edit to add....
**I'm going to add one more thing. Modifications require little more than financial affidavits. Hardly distracting from his job. I *AM* going to get what my children require from him and I'm going to do it now, whether he's deployed, tdy or on a regular assignment. Thank you rmet for getting me fired up because I am going to prove to you what the SSCRA is for and it isn't this. :)
So he wasn't eager, he was visiting his girlfriend instead, not deployed and therefore SSCRA wasn't an issue. I never said SSCRA is automatic, that is why I have continually stated IF he envoked SSCRA, he may not.
He IS deployed to to Qatar, a war zone, not a resort, why would you want a piece of his combat pay as a part your child support modification, see you are playing with words. Just be careful what you do or you may bite of your nose to spite your face.
 

LdiJ

Senior Member
rmet4nzkx said:
So he wasn't eager, he was visiting his girlfriend instead, not deployed and therefore SSCRA wasn't an issue. I never said SSCRA is automatic, that is why I have continually stated IF he envoked SSCRA, he may not.He IS deployed to to Qatar, a war zone, not a resort, why would you want a piece of his combat pay as a part your child support modification, see you are playing with words. Just be careful what you do or you may bite of your nose to spite your face.
However, if you had read the information the link, plus the information she posted in bold, you would note that his invoking of the SSCRA can be denied.
 
rmet4nzkx said:
So he wasn't eager, he was visiting his girlfriend instead, not deployed and therefore SSCRA wasn't an issue. I never said SSCRA is automatic, that is why I have continually stated IF he envoked SSCRA, he may not.
He IS deployed to to Qatar, a war zone, not a resort, why would you want a piece of his combat pay as a part your child support modification, see you are playing with words. Just be careful what you do or you may bite of your nose to spite your face.
actually qatar, is a resort. thats where the army sends soldiers on 4 day r&r passes... i dont know if its considered a combat zone. or not.
 

rmet4nzkx

Senior Member
Qatar is in a combat zone, furthermore, there may be exclusions in considering his pay. In general SSCRA is not denied to military members envoking it unless they are already represented by counsel.
http://www.fns.usda.gov/fsp/rules/Memo/05/011405.htm
ATTACHMENT 1
Combat Zone Tax Exclusion Areas

Executive Order 12744 (effective 17 Jan 1991)
-- Arabian Sea Portion that lies North of 10 degrees North Latitude and West
Of 68 degrees East Longitude

* Bahrain
* Gulf of Aden
* Gulf of Oman
* Iraq
* Kuwait
* Persian Gulf
* Qatar
* Oman
* Red Sea
* Saudi Arabia
* United Arab Emirates

Direct Support of EO 12744

* Turkey effective 1 Jan 2003
* Israel effective 1 Jan – 31 July 2003
* Eastern Med effective 19 Mar – 31 July 2003
* Jordan effective 19 Mar 2003
* Egypt effective 19 Mar – 20 Apr 2003

Executive Order 13239 (effective 19 Sep 2001)

* Afghanistan

Direct Support of EO 13239

* Pakistan effective 19 Sep 2001
* Tajikistan effective 19 Sep 2001
* Jordan effective 19 Sep 2001
* Incirlik AFB Turkey effective 21 Sep 2001
* Kyrgyzstan effective 1 Oct 2001
* Uzbekistan effective 1 Oct 2001
* Phillipines (only troops w/orders that reference OEF) effective 9 Jan 2002
* Yemen effective 10 Apr 2002
* Djibouti effective 1 Jul 2002

Executive Order 13119 (effective 24 Mar 1999)
Public Law 106-21 Establishing Kosovo as Qualified Hazardous Duty Area (24 Mar 1999)

* The Federal Republic of Yugoslavia (Serbia/Monte*****)
* Albania
* The Adriatic Sea
* The Ionian Sea north of the 39th parallel

Public Law 104-117 Establishing a Qualified Hazardous Duty Area ( November 1995)

* Bosnia
* Herzegovina
* Croatia
* Macedonia

ATTACHMENT 2

CHAPTER 5—SPECIAL AND INCENTIVE PAYS
Release date: 2003-05-29

* § 301. Incentive pay: hazardous duty
* § 301a. Incentive pay: aviation career
* § 301b. Special pay: aviation career officers extending period of active duty
* § 301c. Incentive pay: submarine duty
* § 301d. Multiyear retention bonus: medical officers of the armed forces
* § 301e. Multiyear retention bonus: dental officers of the armed forces
* § 302. Special pay: medical officers of the armed forces
* § 302a. Special pay: optometrists
* § 302b. Special pay: dental officers of the armed forces
* § 302c. Special pay: psychologists and nonphysician health care providers
* § 302d. Special pay: accession bonus for registered nurses
* § 302e. Special pay: nurse anesthetists
* § 302f. Special pay: reserve, recalled, or retained health care officers
* § 302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties
* § 302h. Special pay: accession bonus for dental officers
* § 302i. Special pay: pharmacy officers
* § 302j. Special pay: accession bonus for pharmacy officers
* § 303. Special pay: veterinarians
* § 303a. Special pay: health professionals; general provisions
* § 303b. Waiver of board certification requirements
* § 304. Special pay: diving duty
* § 305. Special pay: hardship duty pay
* § 305a. Special pay: career sea pay
* § 306. Special pay: officers holding positions of unusual responsibility and of critical nature
* § 306a. Special pay: members assigned to international military headquarters
* § 307. Special pay: special duty assignment pay for enlisted members
* § 308. Special pay: reenlistment bonus
* [§ 308a. Repealed.]
* § 308b. Special pay: reenlistment bonus for members of the Selected Reserve
* § 308c. Special pay: bonus for enlistment in the Selected Reserve
* § 308d. Special pay: enlisted members of the Selected Reserve assigned to certain high priority units
* § 308e. Special pay: bonus for reserve affiliation agreement
* [§ 308f. Repealed.]
* § 308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve
* § 308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve
* § 308i. Special pay: prior service enlistment bonus
* § 309. Special pay: enlistment bonus
* § 310. Special pay: duty subject to hostile fire or imminent danger
* [§ 311. Repealed.]
* § 312. Special pay: nuclear-qualified officers extending period of active service
* § 312a. Special pay: nuclear-trained and qualified enlisted members
* § 312b. Special pay: nuclear career accession bonus
* § 312c. Special pay: nuclear career annual incentive bonus
* [§ 313. Repealed.]
* § 314. Special pay or bonus: qualified enlisted members extending duty at designated locations overseas
* § 315. Special pay: engineering and scientific career continuation pay
* § 316. Special pay: foreign language proficiency pay
* § 316a. Waiver of certification requirement
* § 317. Special pay: officers in critical acquisition positions extending period of active duty
* § 318. Special pay: special warfare officers extending period of active duty
* § 319. Special pay: surface warfare officer continuation pay
* § 320. Incentive pay: career enlisted flyers
* § 321. Special pay: judge advocate continuation pay
* § 322. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986
* § 323. Special pay: retention incentives for members qualified in a critical military skill
* § 324. Special pay: accession bonus for new officers in critical skills
* § 325. Incentive bonus: savings plan for education expenses and other contingencies
 

rmet4nzkx

Senior Member
LdiJ said:
However, if you had read the information the link, plus the information she posted in bold, you would note that his invoking of the SSCRA can be denied.
I did read it, don't put words in my mouth or infer an absolute, there is a big difference between envoking the SSCRA and it's subsequent denial. And it's possible that the money she is attempting to get isn't subject to the order.
 
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