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My son's father is active duty in the military. He never pays the full amount of what is ordered for my son.


When he receives enlistment bonuses, federal tax returns or rebates, isn't this suppose to go to my son? If so, what are my options? He only pays a partial amoutn of support and I pay for everything else - - daycare, health insurance, etc. What are we entitled to and what can I do to get it?

He IS in arrears!

Take your child support order to child support enforcement. They will in-turn contact the branch of service that your son's father is in and can have it taken directly out of his paycheck. They will also keep track of any arrearages and he will have to pay that eventually. The military is very strict when it comes to making sure that soldiers take care of their obligations.

To find your local child support enforcement office you can go here and click on your state:

http://www.acf.hhs.gov/programs/cse/exti...

You write a letter to his Commanding Officer(send it certified if you can't hand carry it), show a copy of the court order and what was supposed to be the amount he pays in child support, they will automatically garnish his wages and you will get a check from the government each month. Since he is the father the child should also be under TriCare.. tell the CO that one too.. the military takes a very dim look at men who don't support their children.

No, your son is not entitled to enlistment bonuses or federal tax returns. If you have a standing court order for child support, he is required to pay. You can contact the pay department at his command and let them know about it, and they should be able to garnish his wages. Military guys are the easiest to get child support from, my sister has 2 little girls from her ex who is in the Air Force. She always gets the money like clockwork every month. I, on the other hand, have been to court 6 times, and only am just now getting what my son is supposed to have. If you can't contact pay department at his base, contact the base legal and find out what your options are. Good luck.

well, it all depends on the ruling or the order goes. i know a lot of guys that when they get paid it is directly taken out of thier check. i am not sure how it is with you and your hubby, but (i am army) i do no that if he isnt paying what he is supposed to than you can call his chain of command and they can really get on to him. if i remember correctly it is only his regular pay. because it is a bi monthly allotment it is only set for an exact amount permanently through mypay. mypay allotments are not adjustable. i wanted to make my carpayments different every month, but it wouldnt let me because of that reason

You only get what is ordered in the decree. Read it. You are not entitled to a portion of his bonuses, tax returns or rebates if he is not in arrears. If these amounts bring his yearly income up, you can take him back to court to get your child's support increased.

Spending time with a child and providing support for daily activities (food, clothes, a place to stay) is more important then "sending money". If he can not or will not provide daily support, then get a court order to have his wages etc garnished.

If you have a court order for a monthly Child support payment of $600 that's what you get. Your divorce decree has a section outlining and additional payments for day care, insurance, or any other prior agreements. Read the Decree.

Call the American Red Cross and report him and/or get a lawyer. The judge can order him to pay for your lawyer too.

Get your court order and go see the Judge advocates Generals office at his base nd get his wages attached!

talk to the office about it or child support.

ask the Court, also contact his CO.

i would contact his CO and the court

You get what is decreed, and its a dollar amount based on his salary/income. Insurance costs are typically shared (although a couple friends of mine pay for it all), but he is active duty and thusly has care through the military for his family and himself.....what costs are you talking about?

His re-enlistment bonuses are not salary, they are a bonus and not factored into the support payments. You could go back and sue to get the amount raised, but they will look at his bonuses and say "its not a yearly or annual thing, its a one-time bonus" or something to that affect, you are not "entitled" to any of it unless stated in your decree.

Tax returns/rebates, those are his. He pays taxes on the child support payments he sends you and pays taxes on his own income, a refund is just a refund of money he already paid, its not a new source of income. Child support is factored in BEFORE taxes are taken out, its tax free money to you. No, he does not owe you his refund or rebates.

What do you mean by "partial" amount of support? Does he pay the stipulated amount as stated in the decree? If so, that is all he owes you for your child. If he is not paying this, go to court and get it taken out of his check, from my understanding this is almost routinely done during divorces......if its being automatically withdrawan from his check, then he is paying you the full amount.

Since he is in arrears, talk to a lawyer and the child support services in your state, they will be able to help you 1000000 times more than Y!A

if the courts are doing the deducting, they go strictly by what he is ordered to pay (from my limited experience), they wont take out a smaller portion.......I would strongly suggest you call a lawyer or speak with someone who is a professional in this field. There is no reason to continue to let him off the hook for his rightful and what should be willing obligation.

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