Military non cooperative ex-spouse

[Noelle_71]

What is the name of your state? Mulit state..Fl-Tx-NM
Okay, bear with....
I now live in Tx. Ex is in the military in NM. The divorce was in Florida.
After checking with my TX attorney, they tell me I must do this in Florida. I downloaded a self service modification packet and am trying to figure out one thing.
Service. It doesn't address how to serve a military member. I called the clerk in Florida and all they could tell me was that, even if served properly, if he doesn't respond, I can't get a default judgement on him. I find this really hard to swallow.
Texas tells me to call Florida. Florida tells me to get a release from Tx. Texas doesn't have anything to do with the case at all and tells me this repeatedly. I'm so spinning and absolutly cannot afford a Florida attorney.
My ex does not exercise his visitation, won't support the kids beyond 5% of his income and ignores my pleas to raise the support. My guess is he's counting on me dropping it because I can't afford a lawyer. My kids are worth more than that and I will not drop it, no matter what it takes. I'm just baffled on the military part of it...advice?

 

[erikausaf]

What branch of the military?
I just got out of the Air Force and have several friends who have gotten divorced and had child support issues while in the military. According to the base legal office, the military does not get invovled in child support. I don't know how it works when someone gets served and does not respond, but the military does not get involved in divorces or child support cases. Therefore, I would assume that being in the military doesn't make a difference. Of course, if you have a court order or whatever for him, you could always call his commander or first shirt. They don't want anyone in their squadron giving them bad press or getting in any trouble and CAN make your spouse (ex?) cooperate to a degree. I can help you locate the number to his first shirt of commander if he is in the AF and no one else gives you a better answer.

 

[Silverplum]

What branch of the military?
I just got out of the Air Force and have several friends who have gotten divorced and had child support issues while in the military. According to the base legal office, the military does not get invovled in child support. I don't know how it works when someone gets served and does not respond, but the military does not get involved in divorces or child support cases. Therefore, I would assume that being in the military doesn't make a difference. Of course, if you have a court order or whatever for him, you could always call his commander or first shirt. They don't want anyone in their squadron giving them bad press or getting in any trouble and CAN make your spouse (ex?) cooperate to a degree. I can help you locate the number to his first shirt of commander if he is in the AF and no one else gives you a better answer.

If you don't KNOW the answer, and if you are waiting for your own q to be answered, just sit tight. You're on another thread, asking about getting CS yourself.
https://forum.freeadvice.com/showpost.php?p=1435801&postcount=1

 

[Inquiry123]

What is the name of your state? Mulit state..Fl-Tx-NM
I now live in Tx. Ex is in the military in NM. The divorce was in Florida.

Unless your ex is a resident of FL (even though not currently residing there), TX can assume jurisdiction of the support order after you have resided in TX for 6 months. The TX AG's website is a good place to start for more info. Good luck.

Go here...
http://www.oag.state.tx.us/child/index.shtml

 

[Inquiry123]

I don't know how it works when someone gets served and does not respond, but the military does not get involved in divorces or child support cases. Therefore, I would assume that being in the military doesn't make a difference.

Since it's usually harder for a military man to "quit" his job, enforcing a support order (wage garnishment) is a no-brainer.

 

[Noelle_71]

Unless your ex is a resident of FL (even though not currently residing there), TX can assume jurisdiction of the support order after you have resided in TX for 6 months. The TX AG's website is a good place to start for more info. Good luck.

Go here...
http://www.oag.state.tx.us/child/index.shtml

My ex is a resident, since he never changed it and is still active military. Texas will not assume jursdiction. I contacted the AG, they refused and referred me to Floridao. My prior attorney advised me that Florida was the only one who could do it. So, since I have little money, I"m trying to do it myself.

 

[Silverplum]

Uummm...Noelle, Silver did not quote you and therefore was not refering to you I do believe Silver was telling erikausaf not to give *advice* untill educated enough to do so

Gee, thanks, Eme, for READING.
And really, thanks for pointing out the obvious.

 

[fairisfair]

Gee, thanks, Eme, for READING.
And really, thanks for pointing out the obvious.

Well, at least Noelle did have the good manners to remove her post. More than we can say for some

 

[Silverplum]

Well, at least Noelle did have the good manners to remove her post. More than we can say for some

True. And very fair of you to point out.

 

[Inquiry123]

My ex is a resident, since he never changed it and is still active military. Texas will not assume jursdiction. I contacted the AG, they refused and referred me to Floridao. My prior attorney advised me that Florida was the only one who could do it. So, since I have little money, I"m trying to do it myself.

Then, yes...FL will retain jurisdiction. Somebody will be along soon who knows something about FL.

 

[Noelle_71]

Gee, thanks, Eme, for READING.
And really, thanks for pointing out the obvious.

Errrr..which is why I deleted it after about 1 minute.
I read it wrong and thought you were saying I was posting under another moniker..see what I get for cumping to jonclusions...heeeeeeeee

 

[Gracie3787]

What is the name of your state? Mulit state..Fl-Tx-NM
Okay, bear with....
I now live in Tx. Ex is in the military in NM. The divorce was in Florida.
After checking with my TX attorney, they tell me I must do this in Florida. I downloaded a self service modification packet and am trying to figure out one thing.
Service. It doesn't address how to serve a military member. I called the clerk in Florida and all they could tell me was that, even if served properly, if he doesn't respond, I can't get a default judgement on him. I find this really hard to swallow.
Texas tells me to call Florida. Florida tells me to get a release from Tx. Texas doesn't have anything to do with the case at all and tells me this repeatedly. I'm so spinning and absolutly cannot afford a Florida attorney.
My ex does not exercise his visitation, won't support the kids beyond 5% of his income and ignores my pleas to raise the support. My guess is he's counting on me dropping it because I can't afford a lawyer. My kids are worth more than that and I will not drop it, no matter what it takes. I'm just baffled on the military part of it...advice?

Normally the petition must be served by either a private process server or the Sheriff's Dept. in the county NCP lives in. I really don't see where service would be a problem, UNLESS. ex is deployed. I admit that I don't know much about military so this may not be possible if he's on base all the time: you can try contacting the sheriff's office in the county ex is in ask them about service of a petition and summons to the base. I'm sure they can tell you if anything special has to be done.

The clerk you spoke to was full of it, if proper service is made and a return of service filed, yes a default can be entered, unless of course ex is deployed.

 

[Panner98]

Noelle


I have an ex who is in the military. We were never married, and split up way before our son was born. I filed for child support within days of my son being born. That was in 1998, and support started in Dec 2001. By that time, no party to the order was residing in the state, ex left in August 98, and I left in Oct 99. We both lived in two different states.
I wanted to get my sons support modified, and have been doing so for quite some time(its a long process) ex is in Texas and I am in Alaska. I closed out my case in WA, and opened up a case in the state I reside in. DFAS(military pay) garnishes the support from ex's check, and it goes to Texas and Texas sends it to Alaska. Texas has jurisdiction to the support order.
I know some might not agree, but Texas does things differently, and they would not even look at the request of anything because no party to the order lived in WA anymore, and I was told by Texas and Alaska, what I had to do.
I don't know if they will tell you the same thing but make sure you ask! I ended up getting a run around from the state of Washington because they insisted they were right and Texas HAD to modify the order. And they did not back down for over a year.
I hope that might help you a little.

 

[ezmarelda]

Well, at least Noelle did have the good manners to remove her post. More than we can say for some

sorry...I went elsewhere for a while...now it's all on Plum tee~hee