New info about ex lying about income

[LdiJ]

At one time was CS being based on the amount he was being overpaid?

It doesn't sound like it from the original post....although its possible (again based on the original post) that he was paying CS based on his original military income until it got to court for the modification.

However, nearly no one tries to actually RETIRE from working on a military pension....not unless they are actually of retirement age or have been disabled....and even then they don't lose anything if they work.

My brother in law gets a huge pension from the military, because he is disabled and was in the service when he became disabled (car wreck, he is technically quadraplegic although he does have the use of his arms)

He got months of serious rehabilitation...(couldn't leave until he was fully self sufficient and could drive a car with hand controls) ...got college paid and now works and draws his military pension too.

I also have numerous friend who are retired miltary and are drawing pensions yet have viable/lucrative second careers.

 

[KK1124]

LdiJ....you nailed it! You're absolutely correct in understanding this issue.
The government is garnishing back money that he received, accepted and
spent. He knew he was getting too much money from them, but instead of
bringing it to their attention, he thought he could get away with it and they would
never catch up with him. Now he thinks everyone should pity him and give him
a break because his pension is being garnished and he shouldn't have to consider
that garnishment payment as "income". Wrong-o! It's not my fault nor the kids'
fault that he was greedy and now has to pay up! The support shouldn't be cut
short because of his wrong-doings...that's not fair to me or the kids. Last month
the magistrate asked if me or the children ever benefitted from the overpayment, in
which case, she would have to say they can't consider the re-payment into support
now because we'd benefit twice. He tried to say yes, we did. But then when
we were sent out to talk to the Guardian Ad Litem, he discovered that we split in
1996, the overpayment occurred in 2000 & beyond, so therefore, again, he's lying
to try to save his money! The attorney told the magistrate that she was given false
information and that me and the children, in fact, NEVER benefitted from the overpayment,
he was the only one.

Ohiogal....the overpayment was never figured into any CS calculations. Prior to
the reduction hearing in 2003, the last modification was in 1998. The overpayment,
according to him, occurred during his last enlistment between 2000 -2003 and even then
continued 8 months into his retirement.

So, back to my original question. This re-payment to the government has just come
to my attention last month in court. Do I have any recourse to recoupe money that should
have been factored into the CS calculations in 2003 and would have been if he didn't
falsify his GROSS income in court? We're talking almost $600 per month that didn't get factored into support for over 4 years.

 

[Ohiogal]

That 600$ a month may not actually mean a lot of support to you. It would most likely cost you more money than you would receive in order to get it if there would have been any difference in support at all. Do you know what the difference would have been?

 

[KK1124]

Yes, the difference would have been approx $150 per month we were shorted.
Costing me to go to court? I'm intelligent enough to do the math based on VA
formulas, I know where to get a copy of the expense sheets and I know to subpeona
his pay records. I could take it into small claims court...anything under $8000 can
be heard there. I'm also intelligent enough to know it's not wise to go to court without
representation, so I'd really have to weigh the outcome from paying an attorney
and recouping the difference.