Unsettleing News

[Kim1989]

So i came back from stopping at the courthouse. my mom wanted me to go check on the status of the test since that lady hasnt returned my phone calls these past two weeks. the guy explains that since keiths in cali thats why its been taking so long. it took like two weeks to get to him and then it has to get sent back here to the east coast.  i asked a few questions and he tells me i would get it before he gets it and it will prob come in a week or two more. he tells me, the courts then will make a court date for us to go back for support. i tell him i talked to keith last night. well he imed me and told me...out of the blue.... hes getting stationed in japan! he lies a lot but i dont kno if he was lieing or not about this one. the guy at the courthouse tells me well if thats the case THEN THEY CANT TOUCH HIM! theres so act...sailor and soldiers (maybe) act that says if their overseas they cant get child support or but a case against him...something like that. and if he is going overseas to get stationed then it would take a few YEARS to get child support from him! he told me if thats the case then i should talk to his officer

But he said its not likly that they would send a guy whos fresh into the marines over to japan to get stationed. not to mentioned he told me before he was going to iraq in january or june of next year and the man said then no he wouldnt get stationed in japan because that would be a 2 year stay and he wouldnt be getting deployed to iraq

so whatever either way i think its nuts how if a marine or anyother service man gets stationed overseas then hes like clear of paying child support for that amount of time (but would have to pay back child support)

[GNicole]

I really don't know anything about this subject but this sounds crazy to me. Why wouldn't he have to pay child support just because he is stationed overseas? Hopefully someone with knowledge regarding this subject will respond.  Sorry Kim! :(

[alikat1205]

you need to check this out, i'll look it up for you, b/c it sounds incredibly inaccurate.  military pay is federal, so just as easy to garnish if he is in l.a. or iraq...... it can be done.

[AndiJ78]

I don't think so, Kim. Otherwise there would be lines of dirt bags signing up for overseas assignments. The govt doesn't like folks shirking their responsibility, he will likely be forced into paying no matter where he goes.

[Kim1989]

it sounded wrong to me to and he lies a lot so i dont kno if hes really going to get stationed in japan! he told me he was getting stationed in one of the carolina ( i keep forgeting) for the longest time!  i was like why wouldnt he be able to pay child support. he was like there are certian laws that protect them! saliors and ______act and it went into effect back in like the 80's he said. so he told me if that does happen (which he doubts keith will get stationed in japan) then i should talk to his sargent or whatever hes called and they will work something out with me

[alikat1205]

Child & Family Support

Most legal assistance attorneys will advise spouses and dependent children who desire to assert nonsupport claims against military members.
When a court orders a soldier or civilian to pay child support, the employer must do what it can to ensure compliance with the court order. Agencies of the federal government, state agencies and employers are working together to ensure compliance with court orders. The key to collecting child support is getting information and assistance from the state Child Support Enforcement Office. (The name of the office may differ slightly in each state.)

State child support enforcement personnel work with the appropriate agencies in an effort to establish paternity, and locate “deadbeat” parents and their employers. If necessary, they assist in obtaining and enforcing child support orders.

In the absence of an agreement between the parties or a court order for child support, Army Regulation (AR) 608-99 establishes interim support requirements that a soldier must meet.

  2008 BAH II.pdf



Child support is a parent-soldier’s responsibility. The Army requires soldiers to be responsible for financially supporting their families. A soldier who fails to support his or her family may face not only civilian legal problems, they also violate the punitive provisions of AR 608-99 and may face punishment under Article 92 of the Uniform Code of Military Justice.

Soldiers or family members with questions should contact their local Army Legal Assistance Office for free advice. Family members not receiving the required support may also contact their local Inspector General (IG) Office for assistance in obtaining this support. If you are not located near an IG Office, you may use their toll free number: 1-800-752-9747.

The best starting point for information on establishing paternity and/or collecting child support is the Department of Health & Human Services Office of Child Support Enforcement Home Page. The Handbooks/Pamphlets page has many links in English and Spanish. General information on obtaining a child support order can be found in the online Handbook on Child Support Enforcement. The site also has online, A Case Worker's Guide to Child Support Enforcement and Military Personnel. This Guide provides more specific information in those cases when the non-supporting parent is an active duty member of the Armed Services. It identifies and discusses tools child support enforcement workers use to cope with some of the most common difficulties in child support enforcement cases involving military personnel. The section entitled "COLLECTING SUPPORT FROM MILITARY PERSONNEL" identifies the applicable military support policies, such as AR 608-99.

The Defense Finance & Accounting Service (DFAS) Garnishment  web site includes information on collecting court-ordered alimony and child support through garnishment. After obtaining a Support Order through a government agency or local support office (such as welfare or child support enforcement offices), a prosecuting attorney, District Attorney, clerk of court, or private attorney send a copy (not the original) by certified mail, return receipt requested to DFAS.

After accepting a request, DFAS responds to the applicant within 30 days. The soldier or federal civilian employee will be notified within 15 days of receipt of the application for support and has 30 days to respond to DFAS with proof that the order has been amended, suspended or set aside. The request is generally processed within 45 days.

Child Support Guidelines is another informative site. Designed primarily to aid attorneys, it is a comprehensive resource for the interpretation and application of State child support guidelines. The site offers free access to all on-line State child support guidelines, and includes links to other legal research resources. In addition, there are links to available on-line child support calculators, as well as resources for laypersons.

Army Regulation 608-99, Family Support, Child Support, and Paternity, sets Army policy, responsibilities, and procedures on financial support of family members, child custody and visitation, paternity, and compliance with court orders regarding these and related matters. Legal assistance attorneys often advise soldiers of their responsibilities under AR 608-99 and applicable State law, and assist family members obtain appropriate financial support.

Also see, Collecting Child Support From Federal Civilian Employees and Military Personnel by Joan Burda.

[Kim1989]

i hope you all are right. beacuase i made the man repeat it for me bacuse it sounded totally wrong.

[alikat1205]

the feds will not help him get out of child support.  this information was wrong.  you need to speak to an attorney.  if you can't afford one call the local bar assoc and ask for a pro bono referral.  i have handled many cases for free this way.

[alikat1205]

the sailors and soldiers act has to do with commercial garnishments, for unpaid commercial bills, not child support.

[alikat1205]

i have not done any work with s&s but i know it does not relate to child support.

[Kim1989]

phew alright ok GOOD im so glad. i dont kno why he would tell me that after i explained the situation to him!

[alikat1205]

he's not a lawyer, you are getting legal advice from someone who isn't a lawyer.  that's a no-no!

[AndiJ78]

THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT

The Soldiers' and Sailors' Civil Relief Act (SSCRA) is a necessary protective device for U.S. soldiers and sailors during a time of conflict or training. See 50 U.S.C. App.500-548, 560-593 1990, Supp. 1993. The SSCRA is not intended to be used as a shelter from facing legal and family responsibilities.

Best Practice Tip #17: SSCRA provisions apply only to judicial proceedings. You should use administrative processes to enforce child support whenever possible. And you should make it explicitly clear in all correspondence when your enforcement actions are based on administrative proceedings that the SSCRA provisions do not apply and will not be recognized in the case you are working on.

If administrative proceedings are not possible in your State, there are four key SSCRA provisions that are important to observe when enforcing child support. One, the SSCRA permits stays of civil court proceedings whenever military service prevents a plaintiff or defendant in military service from asserting or protecting a right. Members' requests for a stay of proceedings under SSCRA must be granted unless the members' military service does not materially affect their ability to defend themselves.

Note that DOD has recently revised it's regulations in this area. DOD Directive 1327.5 section 6.25 now specifically provides "When a service member requests leave on the basis of need to attend hearings to determine paternity or to determine an obligation to provide child support, leave shall be granted, unless (a) member is serving in or with a unit deployed in a contingency operation or (b) exigencies of military service require a denial of such request. The leave shall be charged as ordinary leave."

Note also that some courts might not consider presence of service member necessary to the proceeding; thus, no stay will be granted. To illustrate, as general rule, temporary modifications of child support do not materially affect rights of the military defendant, as they are interlocutory and subject to modification. The facts of each case will determine whether the trial court abused discretion in refusing a stay request.

Whenever a service member requests a stay, inquire about the reasons for the delay. If the service member is requesting a stay because he or she does not have sufficient accrued leave and/or the available resources to travel, then it may be possible to conduct a telephone conference instead.

Two, the SSCRA provides that the maximum duration of a stay of proceedings is the member's period of military service plus three months after discharge. Following this period, the defendant must appear in court.

Three, the SSCRA affords service members relief against default judgment by providing potential means to have the judgment reopened. If there is default of any appearance by the defendant, before plaintiff can obtain a default judgment, plaintiff must submit an affidavit stating whether the defendant is or is not in the military service or that the plaintiff does not know whether defendant is in the military service. A judgment obtained without the affidavit is voidable (not void) upon defendant's showing that presentation of the defense was prejudiced by defendant's military service.

The court then must appoint an attorney if the defendant is in the service and does not have an attorney present in court or if the plaintiff does not know whether the defendant is in the service. The responsibility of the court appointed attorney is to ascertain whether the defendant is in the military and, if so, typically to request a stay of proceedings in the defendant's behalf.

Members may request to reopen a default judgment if there has been no appearance, the service member has a meritorious or legal defense, and military service adversely affected the member's ability to defend. The application to reopen must be to same court that rendered the judgement. The SSCRA does not empower a district court to collaterally review, vacate, or impede decisions of a State court.

Fourth, the SSCRA provides that any judgment or garnishment may be stayed or vacated unless military service does not materially affect member's ability to comply. Service members can, for example, request modification of child support or alimony. Courts may grant prospective relief as well. Members can initiate a proceeding to determine extent of their support obligations because of changes in circumstances when they entered active duty.


Make sure the powers that be have this information. It actually looks like it won't allow him to get out of paying, but offers alternatives for seeking a judgment in his absence.

[AndiJ78]

15001. POLICY
1. The Marine Corps will not serve as a haven for personnel who fail to provide adequate and continuous support to their family members. Marines shall comply fully with the provisions of separation agreements and court orders addressing the support of family members. Absent such agreements or court orders, and conditioned upon a complaint of nonsupport to a commanding officer, the support standards set forth in this chapter shall be enforced. For purposes of this chapter, the phrase “court orders” shall include administrative child support orders and their functional equivalents. For purposes of this chapter, the phrase “commanding officer” means a Special Court Martial Convening Authority or higher.
2. Preferably, the amount of support to be provided to family members should be established by a written agreement between the parties, or be adjudicated in the civilian courts. Nevertheless, because family support issues are closely aligned with readiness, morale, discipline, and the reputation of the service, mandatory interim financial support standards are needed. Assistance in obtaining written support agreements and court orders in these matters is available from local legal assistance offices.
3. Final divorce decrees and written agreements in which spousal support is not awarded or mentioned, or is affirmatively waived, eliminates the obligation to support spouses under this chapter.
15-3
Ch 3
4. The obligation to support a biological or adopted minor child under this chapter is not eliminated by a final court order, such as a decree of divorce, or a written agreement, unless the documents specifically negate the obligation to pay child support. The fact that a divorce decree is silent relative to support of a minor child does not effect the obligation of the Marine to provide support for the child under this chapter.
5. The support standards set forth in this chapter apply only to a Marine’s spouse, minor biological children and minor adopted children. For purposes of this chapter, “minor” means less than 18 years of age. In addition, all children born in wedlock are presumed to be the biological children of the Marine and the Marine’s spouse. The standards set forth herein do not extend to stepchildren or other DoD-recognized dependents of the Marine. There is no duty of support as between active duty military spouses without children. In addition, the application of these standards shall commence only after the commanding officer has received a complaint of nonsupport, and the commanding officer has issued a support order in substantial compliance with the form attached hereto at Figure 15-2.
15002. PUNITIVE PROVISIONS
1. Marines will not violate any of the following:
a. The financial dependent support provisions of a court order.
b. The financial support provisions of a written agreement addressing the issue of dependent support. (Note: a marital settlement agreement worksheet which is used to prepare an agreement does not constitute a written financial support agreement for purposes of this chapter) or
c. If neither a court order nor a written agreement exists, the interim financial support standards of Paragraph 15004, and orders issued thereunder by a commanding officer.
2. This paragraph is punitive in nature. Marines who fail to comply with this paragraph are subject to punishment under the UCMJ, as well as to adverse administrative action.
15-4
Ch 3
15003. COMPLAINTS OF INADEQUATE SUPPORT
1. All complaints alleging inadequate support of family members shall be directed to the commanding officer of the Marine concerned. All Marines who receive complaints of inadequate support shall immediately forward the complaint to the commanding officer, and advise the party making the complaint that the commanding officer is the appropriate authority to take action in the matter. In the absence of extraordinary circumstances, the commanding officer will meet with the Marine and take appropriate action under this chapter within 10 working days of receiving the complaint. If the Marine who is the subject of the complaint is not assigned to the command receiving the request for support, the commanding officer will forward it to the commanding officer having authority to take action, and will inform the complaining party of the action taken as soon as possible. If the commanding officer is unable to initiate action within 10 working days, the commanding officer shall so advise the party seeking support.
2. When a complaint alleging inadequate support of family members is received, the commanding officer will inform the Marine about the nature of the complaint and shall encourage the Marine to consult with a legal assistance attorney. After the Marine has had the opportunity to consult with counsel, the commanding officer will then meet with the Marine, and determine the content of an order or warning, if any, to be given to the Marine to foster compliance with this chapter.
3. In instances where a request for support is made for a child born out of wedlock, the Marine shall provide support under this chapter only when paternity is established by court or administrative order or formal written acknowledgement by the Marine. Prior to responding to paternity allegations, the Marine shall be directed to consult with a legal assistance attorney regarding the full consequences of an admission of paternity. Notably, some states hold that an admission of paternity creates a legal presumption that paternity is established, and that based upon such an admission, a court may order the payment of child support.
15004. INTERIM FINANCIAL SUPPORT STANDARDS
1. In cases where the amount of support has not been fixed by
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Ch 3
court order or written agreement, and upon a complaint of nonsupport to a commanding officer by or on behalf of a family member entitled to support (as set forth in Paragraph 15001.5), interim support per supported family member shall be the greater of the fixed amount of support reflected in the center column of the chart below, or the pro-rated share of whatever BAH or OHA (Overseas Housing Allowance) to which the Marine is currently entitled, as shown in the chart below, per month. Note that BAH that is credited to the Marine for government housing, but is not actually paid in cash, is not counted for purposes of this chapter. Under no circumstances shall the total amount of support required exceed 1/3 of the Marine’s gross military pay, per month. For purposes of this order, gross military pay is defined as the total of all military pay and allowances before taxes or any other deductions. The amount calculated under the chart below is presumed to be the correct amount of support to be paid to a family member.

[AndiJ78]

It does relate to child support actually, but there are ways around it. For instance, asking for administrative proceedings gets around it. And it cannot prevent him from paying if the order is in place. Army and Marines have different standards, as does the Navy and Air Force.

[alikat1205]

asking for proceedings doesn't get around it, it is simply a different mechanism for hearing, and allows for re-opening the case.  being stationed overseas isn't going to help him avoid support.  you hvae nothing to worry about.

[jenstam]

I don't think you'll have any reason to worry because I think he is lying to you. My daughters father does the same thing. He used to get me all worked up, saying bizarre things to scare me. Doesn't work anymore. None of his claims ever truly happen.

[AndiJ78]

Hmm, that is not how I have read the information, seems like administrative proceedings are common with child support once the paternity has been established. But what do I know.

[alikat1205]

administrative means not in front of a judge....

[alikat1205]

i have no experience working with that Act, which is why you should really talk to a local lawyer, but don't worry, you are going to get support, and he isn't getting around it if he ends up overseas.

[AndiJ78]

I know what it means, it is used in place of family court when there is no significant dispute, right? Like an uncontested divorce and the like can be done as an administrative proceeding, right?

She has the test coming, so there shouldn't be any disputing paternity. Seems like the Marines have a set rate for child support.

But I have to think this is more of an issue with him trying to weasel out of things.

[alikat1205]

he may try, but he won't get far....

[Kim1989]

AH if only this was simple! he more than likly is lieing but its still good to know what would happen if he is really telling the truth. i kno hes trying to get out of paying so he might just be saying that hes getting stationed in japan. i wonder how much it would be anyways

[AndiJ78]

It seems to depend on rank and was roughly 1/3 of his pay.

Total Number of
Family Members
Entitled to Support/
Minimum Amount
Of Monthly Support per Requesting Family Member/
Share of Monthly BAH/OHA per Requesting Family Member
1
$350
1/2
__
2
$286
1/3
__
3
$233
1/4
__
4
$200
1/5
__
5
$174
1/6
___
6 or more
$152
1/7 or etc.

[AndiJ78]

Sorry my first comment on the above was incorrect.

This information is from:

http://sja.hqmc.usmc.mil/Pubs/P5800/15.pdf

Page 6

[Kim1989]

alright i looked at that website. thank you!

dominic is enrolled in the goddard school. i did that today. it was $100 deposit and then this week i have to give them half of the first month so thats $570! and i cant apply for the program until i get my school schedual, which i make on thrusday! so hopefully he will be paying support by september and hopefully i will get that program

o and hes a PFC

[Cheyenne_08]

I did not read any of the responses to this so sorry if I repeat someone. Kim, I have dealt with a military lawyer for other issues but in regards to the Soldiers and Sailers Act, they can not touch him....in certain circumstances. Basically, no legal action can be taken against a soldier that is active duty and deployed over seas. That means that no civil suits or anything can be filed against them. It gets very confusing and your best way to get answers is to go straight to the military and find out from them!

[Kim1989]

ok you said no civil suits or anything can be filed against them...but its already been filed against him. how would i go to the military. like where would i have to go

[Cheyenne_08]

I would get on the web and find the closest military base. Look on their website for their contact information. Call the information center and ask them to help you find the right person to talk to. JAG will not help you because you are not military but it wouldn't hurt to try if the information center can not help you get in touch with the right person.

[Kim1989]

there are two bases close by ones 30 mins away i know how to get their.

[Cheyenne_08]

I would call, save yourself the trip in case they can't tell you anything!