Military & Child Support

[cj33070]

What is the name of your state? New York

When filing for child support from someone who is on active duty, can the 17% (which I've been told is the amount from his check that will come to me/the baby) be taken from his entire net income? Including BAH and such?

I have heard that it will not, it will only come from his basic pay. However, if I take it to court, I will win the 17% from his entire income. Is this true? I don't want to waste my time making things difficult, but if I will win, I might consider what the difference would be. If significant, I will fight it. Any ideas?

 

[chrisdizz22]

What is the name of your state? New York

When filing for child support from someone who is on active duty, can the 17% (which I've been told is the amount from his check that will come to me/the baby) be taken from his entire net income? Including BAH and such?

I have heard that it will not, it will only come from his basic pay. However, if I take it to court, I will win the 17% from his entire income. Is this true? I don't want to waste my time making things difficult, but if I will win, I might consider what the difference would be. If significant, I will fight it. Any ideas?

if he isnt married then he wont receive BAH.. single soldiers usually live in the barracks. and usually eat in the D FAC.. so the base pay is all that they get....

 

[cj33070]

He is married and owns his own house. He gets money for housing and food.

 

[chrisdizz22]

ok so whats the whole story here, he is married, but not to you. he has his own house. he is now on active duty, but is in the national guard. is he deployed... your mad because he cheated on you and could have given you a std...If he is cheating on his wife with you, what in the world would make you think that your soo special that he would not also cheat on you.

 

[cj33070]

I know it sounds crazy, but his is an illegal marriage for her to get papers to stay in the U.S., nothing more. He wasn't and never has had sex with his "wife", although, with everything I've found out about him lately, that's probably a lie, too.

 

[mocla]

I might just be a confused law student but how does any of that make the marriage illegal?

1- Consumation is no longer a requirement in most states (though I have no idea under UCMJ)
2- The state doesnt ask why you're getting married, just as long as you want to get married.
3- Immigration won't care as long as they stay married for the requisit amount of time.

Again I am just a law student and I dont have the experience that Badapple does but this seems bogus to me.

 

[chrisdizz22]

I hate to break it to you, but alot of people are married for reasons other then love. especially in the military. i have never heard of anyone getting in trouble for marrying someone for financal reasons. and i would guess that their probably isnt any laws against it.

Does his wife know about you? thats one thing that could tell you if he is married "legally" if they arent in it for love then she wouldnt have any problem with him seeing you. and you would think that he would tell her about you....

 

[gphjr]

Lady your gonna take a lot of bashing here but you will get your answer. The best thing to do is go through the court system. have them request at least 3 LES's ( Leave and Earnings Statement) it does not matter if his marraige is legal or not. Dont even bring it up. you will receive what is entitled to your child based on his gross income not his net. In NY I beleive its 17% unless he has other children. NY takes in account for other children. You dont want to invole his command if you can avoid it. If his command finds out that he committed adultrey he can be arrested and sent to prison and your child will get nothing. If he is deployed you will have a court date set for after his return and will received CS from the date of filing. If he has admitted to being the childs father it makes it that much easier if not then paternity will need to be established before the order is imposed. That to will be retroactive from the date of filing should the test prove he is the father. Your welcome and good luck. Don't waste time.