Military and Support Modification

[bobina]

What is the name of your state? MO

My son and I are located in MO. His father is in CA. He is currently active duty Army (California Army National Guard Reserves) and has been for 2 years. He is scheduled to go to Kosovo in September for atleast a year.

Because of his substantial change of income I want to request a modification of the amount of child support currently ordered. The current order is for $150 a month, $225 is being garnished from his paycheck due to arrears in the amount of $9000 or so. According to MO's guidelines the amount he should be sending is $500 or so (a substantial change in income--more than the required 20%).

Now for the question...I was told that because he has been called to active duty from reserve status, I will not be able to get the modification. Is this true?

Thanks for your help.

 

[bobina]

Nobody knows this one? Or is my questions to confusing?

 

[snodderly]

If his active duty pay is going to be less than his civilian pay then, no you won't be able to get it modified. Not as long as he is on active duty anyway.

If he is leaving in September for a year you don't have time to petition the courts and get a court date anyway so it's a mute point for now isn't it?

I'm curious about something. You say he had fallen behind on his support and is now having to catch up. I know from experience that an active duty person who falls behind finds themselves in big trouble with the military. Doesn't work the same way if the member is National Guard? I would think that you would also be able to have his Guard pay garnished.

What you need to do is find an attorney who is knowledgable when it comes to military divorce and ask him/her these questions.

Is your ex going to be getting perdiem while he is in Kosovo? Will he be getting a base pay plus extra per day for being in a "War Zone?"

What will being away from his job and regular salary mean for him as far as his other financial obligations? The courts will consider all these things. We have people who are being taken away from their homes and families, taking a substantial cut in pay and some are ending up in bankruptcy by the time they return to the states.

The fact that he is going to be away and is probably taking a cut in pay will impact your desires in a negative way. If his pay scale is comprable to that of his civilian job then it won't. I don't see you being able to do anything about any of it though until he returns to the U.S.
snodderly

 

[bobina]

He basically didn't have a job before becoming active duty. He would do odd construction jobs here and there and I was receiving no support. So his wages have dramatically increased. He probably doesn't have any other financial obligations. If he does, he's better off now then before so that shouldn't be an issue.

And as far as getting in trouble from the military for being behind...whenever I did contact his commanding officers they would just tell him to take care of it. He never did, so once he became active duty I found out how to file through the courts myself to start garnishing his wages.

Unfortunately, you are probably right about getting a court date before he leaves to Kosovo.

 

[snodderly]

Visit your local district attorney's office. Take your court ordered decree pertaining to support and give them notice that he is now active duty military.

His wages can be garnished and will come straight to you from DFAS. If he is active duty, you have the court order in most states all you have to do is pay the small filing fee and the DA's office will take care of the rest. Check and see if this is possible for you.

For future reference....DO NOT go to his commanding officer. If you have a court order that he is to pay support and he isn't, call the legal office on post. Believe me, he will be getting his butt in gear and getting it done then.

The military does not intervene in civil matters such as divorce except in the case of child support. You have to go to the right person in the military though to get anything done.....the JAG office can tell you exactly what you need to do. Good luck
snodderly