T
tranquillo
Guest
Our son was married without our knowledge while he was living with us in CA, and just after he had joined the military. While he was based in CA he lived with his wife. At some point, he would go on short 3-day to 2-week military exercises and his wife decided to live with her mother and brothers during these times some 80 miles away. When son returned from one of these trips his wife refused to return with him. A short time later she, her brother and mother moved away, unannounced, driving my son's car to an unknown location. Subsequently, my son went on foreign duty and started receiving notices from the New Mexico Child Support and Welfare Department that he would be asked to pay back welfare the wife had collected in support of a child.
This was the first our son had known anything of a child or of his wife's general whereabouts. The military sent a letter in response advising that our son was protected by the soldier's and sailors civil relief act and that he was protesting paternity. Nothing further was heard from NM until our son learned of a mechanic's lien placed on his car. Spoke with the mechanic and learned that a mother, younger child (wife's brother), and grandmother (wife's mother) brought the car in for repairs and were unable to pay, so they abandoned it. Son was unable to claim the car due to both the expense and the fact that he was out of country on assignment.
Next, son was contacted by Child Support and courts in CA. Case went forward and court determined he was the father and established child support. At the time of information gathering, son was unemployed, having just returned home (our home) after four years of being in the military. Now, our son's current employer is receiving calls from New Mexico child support inquiring as to my son's income.
What can/should he do? There is no argument that our son should pay support, since the child is proven to be his. But, we don't believe the courts should force him to pay back support for welfare the wife collected while bouncing back and forth with her mother and brother in tow at a time when my son didn't even know their location. On what basis do two state welfare depts. give money to a mother claiming to need support when the father isn't given the opportunity to know a child of his exists or where his wife is? Can a father be ordered to pay support in two states? Is there a reasonable solution or legal remedy? To this day, my son doesn't know how to contact this woman.
This was the first our son had known anything of a child or of his wife's general whereabouts. The military sent a letter in response advising that our son was protected by the soldier's and sailors civil relief act and that he was protesting paternity. Nothing further was heard from NM until our son learned of a mechanic's lien placed on his car. Spoke with the mechanic and learned that a mother, younger child (wife's brother), and grandmother (wife's mother) brought the car in for repairs and were unable to pay, so they abandoned it. Son was unable to claim the car due to both the expense and the fact that he was out of country on assignment.
Next, son was contacted by Child Support and courts in CA. Case went forward and court determined he was the father and established child support. At the time of information gathering, son was unemployed, having just returned home (our home) after four years of being in the military. Now, our son's current employer is receiving calls from New Mexico child support inquiring as to my son's income.
What can/should he do? There is no argument that our son should pay support, since the child is proven to be his. But, we don't believe the courts should force him to pay back support for welfare the wife collected while bouncing back and forth with her mother and brother in tow at a time when my son didn't even know their location. On what basis do two state welfare depts. give money to a mother claiming to need support when the father isn't given the opportunity to know a child of his exists or where his wife is? Can a father be ordered to pay support in two states? Is there a reasonable solution or legal remedy? To this day, my son doesn't know how to contact this woman.