studog77
recently joined
Reged: 07/03/07
Posts: 2
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My ex wife and I have three children together. In the divorce papers I have custody of the older two and she has custody of the 3 yr old. Right now she is over seas. I have all three boys. She is sending the $300 a month that was court ordered (i had to pay for 1, she had to pay for 2 and the difference came out to be a little over 300)(she is an e-5). I feel that since I have all three now, she should be paying a little more. Its not easy being a single dad of three growing boys. So my question is how do I get temp guardianship of my little man? Right now the state views him staying with me as an extended visit. he will be with me for over two years! I can not get child support from her or claim him on my taxes. Is there anything I can do??
To give you a little background, we were married 11 years. I served 5 years in the army and then got out to raise my family. She also got out and then reenlisted. I found out she had been cheating on me for about the last four and a half years of our marriage. I still tried to make things work. I really need some advice because Im getting a little tired of her scr*wing me all the time.
Please tell me what you know and I thank you.
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ZeeBabester
journeyman
Reged: 09/06/04
Posts: 66
Loc: CT, by the shore, with my hub...
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Its my understanding (as explained by a Judge)that you can file for and/or modify custody and CS at any time there is a significant change in circumstance. The child is with you and will be until Mom returns from deployment (a significant change). She is getting BAH/w Dep and its WAYYYYY more than $300/month, plus family separation and BAS. Get the CS modified, the pay tables are all the evidence you will need. She may try the SCRA card, but its up to a Judge to allow it, he can just appoint counsel for her in her absence and you can get the orders modified.
Talk to a lawyer (most offer free consults) or go to the courthouse and ask about getting custody and CS modified. Its too bad you didn't get this done before she left.
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~Domestic Goddess~
~All should worship at the altar that is I~
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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This is a different one. What exactly are you looking for, what don't you have custody wise as far as a parent goes, medical decisions, etc you can do all of that since you are his parent. She has custody, and you are her family care plan. I am guessing if you were to get custody, she loses BAH with dependents, since she won't have dependents, she would get BAH DIFF. Have you talked to her about the BAH she is getting and giving you more money. I mean to me that only makes sense because if she had someone else watching/caring for him, she would send them money to help, at least I would think so. You may be abel to get the CS modified, but I think anything you do will have to go through a lawyer because she is currently meeting all court orders, and he Chain of Command may not really get involved in the family care issue because she is meeting all the court ordered issues. Have you talked to her at all?
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studog77
recently joined
Reged: 07/03/07
Posts: 2
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Yes, I have talked to her. I wasn't pursueing more child support at first, I just talked to her about signing a paper that gives me temporary gardianship of him so that I could claim him on my taxes and she said no. Actually she has the nerve to say I dont support him, she does. Thats a joke right there, but thats not the topic we are discussing. I REALLY appreciate your advice! I will get with a lawyer on Thursday and see what I can do.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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If its just the tax issue, call the IRS, and see what the requirement is, he is living with you, you are paying for things, and if she is not giving you any money I would not think they would have a problem with it. Talk to them and see what they say.
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Bjay
member
Reged: 06/04/05
Posts: 130
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Go to:
http://www.irs.gov/pub/irs-pdf/p504.pdf
Read it slowly and carefully. The answer to your tax question is here.
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