
navywife
recently joined
Reged: 04/15/08
Posts: 10
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Child Support/Still Married
04/15/08 04:41 PM
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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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