navywife
recently joined
Reged: 04/15/08
Posts: 10
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Hi,
My husband and I have been seperated (not legally) for 3 years. I recently filed for divorce officially in Oct. as non constested. He ofcourse contested it, although, he has a girlfriend and we have now been through mediation where everything he was constesting is now in our partial agreement. The only thing not agreed upon is child support. My husband has had an allotment for 1000.00 coming to my bank account since we've been seperated. During mediation, his lawyer asked for credit back for child support from the date I initially filed for divorce to be taken out of my future child support. Although I think that is unfair, if the courts agree then I am fine with it. My question comes, with this month. His lawyer advised him to stop the allotment and as of today, I have not receieved any child support from him this month. I have tried calling his command, and they have said they can not make him pay, they can only advise him to do what he is supposed to do. We are still technically and as far as the Navy is concerned legally married. My sisters boyfriend who is also in the Navy showed me paperwork stating I am actually entitled to half of his paycheck while we are still married and entitled to the BAH while we are seperated. I want to know if anyone knows if this is true and also if I can sue for back BAH, since he is trying to get credit for over payment of child support. Otherwise I wouldn't. Also if anyone knows how I can insure he still pays child support until the final judgement for our divorce is entered. Thanks in advance for any help!
Mother receiving no child support for April, because shes still legally married.
Edited by navywife (04/15/08 04:45 PM)
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Ha, I'd love to see paperwork that says you get half of his paycheck. Shoot I have been getting ripped off by the Air Force LOL...
If his lawyer is advising him to not pay you sans a court order he can do that, that is legal. He has been giving you 12K per year with having to legally do so-do you get that part?
If the his navy command tells you they cannot force him to pay they cannot force him to pay.
You have no support order thru the court. Your best bet is to go through your family court and file for child support. Then he is legally required to pay you and the navy will have to honor that.
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13.1...because I am only half crazy!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Also I don't think you can sue for anything that was not court ordered. But hey, you can try.
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13.1...because I am only half crazy!
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navywife
recently joined
Reged: 04/15/08
Posts: 10
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Yeah, I can't find it now which is the problem! It did say it though and even talking to his senior cheif, he even knew what I was talking about and brought it up before I did. It says soemthing like if you have a A. B. C. if you have a kid and are a spouse you are entitled to 1/3 or 1/2 of his paycheck, etc. Also he had a second class sign something saying that his BAH is going to go down once hes divorced. My sister's boyfriend who is unmarried and has a kid, gets the same BAH he does and I do have ppwrk supporting the fact that his BAH will not go down after the divorce, but his lawyer is trying to stick to the false information that was entered in our first hearing.
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092895
enthusiast
Reged: 04/03/08
Posts: 226
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I thought I heard once upon a time that if a military person is caught having an affair they will come down on them. I'm sure it happens a lot. I just don't know how many wives actually do anything about it. You're still married, so if he has a girlfriend isn't that adultery?
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26677
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Under the Naval Military Personnel Manual (MILPERSMAN) Article 1754-030, the following support amounts are suggested, in the absence of an agreement or court order:
Relationships and
Number of Dependents/ Support to be Provided
Spouse Only 1/3 gross pay
Spouse and One Minor Child 1/2 gross pay
Spouse and Two or More Minor Children 3/5 gross pay
One Minor Child 1/6 gross pay
Two Minor Children 1/4 gross pay
Three Minor Children 1/3 gross pay
Spouse and 1 minor child 1/2 gross pay, maybe the air force has been ripping you off???
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navywife
recently joined
Reged: 04/15/08
Posts: 10
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Thank you, is there a link to that so I can print it out? Yeah I don't want to get him in trouble, because I am afraid he will get docked in pay and that only makes the amount of support I would get for our child less.
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navywife
recently joined
Reged: 04/15/08
Posts: 10
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op nevermind, I found it. Thanks again, and the part about the BAH. I talked to someone on base and they said it would not go down, only change from class A. Married with Dependent maybe to class C. with dependent or something like that.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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He has been sending you $1000 a month, and he wants credit for sending it to you. And you think it's UNFAIR? What did you think that maney WAS? Just FREE money? If you were voluntarily sending money to the electric company, and then they filed paperwork to have a regular bill set up, going back to the date they filed, wouldn't YOU want the money you had already paid to be counted?
Grow up.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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navywife
recently joined
Reged: 04/15/08
Posts: 10
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Thank you for anyone volunteering important information.
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