Military Significant Others and Spouse Support - MilitarySOS.com
Page 1 of 4 1234 LastLast
Results 1 to 10 of 31

Thread: Military protection laws...where do we turn?

  1. Regular Member
    Navy22512's Avatar
    Navy22512 is offline
    Regular Member
    Join Date
    May 2012
    Location
    Madison, WI
    Posts
    90
    Blog Entries
    1
    #1

    Military protection laws...where do we turn?

    Advertisements
    Ok, I'm so frustrated. My hubby of a little over 2 months has been battling his ex-wife for most of this year, why you ask because while he was deployed (6/2006-3/2008) she convinced him to pay her child support directly to her bank acct thus he did not get credit for it. On top of that she never notified him nor did the letter from the attorney general reach him during his deployment that they had started to garnish his wages. After she took his parents to court in 2007 to restrict their visitations as set out in the decree and his power of attorney, she managed to get the child support amount raised (he never was notified until the end of 2011). During his deployment he was paying her child support on top of the child support check she was receiving from his wage garnishment. Further more she moved back in with him to try and work things out when he returned from Afghanistan. So he was still having his wages garnished, he was paying her rent, health insurance at her demand, and all thing needed for the kids and her satisfaction. Just recently he discovered that there had been an error in the attorney general's office so he called about it, on top of that they had not updated the increase in the child support back in 2007, and they told him that he owes her $17,800 in child support when they retro activated the updated amount. Well now his job is on the line and he should be celebrating 10 yrs in the Navy in July. When his parent (due to the Power of Attorney and visitation of the children in his inability to do so because of his military duties) went to the attorney general's office, the attorney called the ex-wife who admitted to living with him from 5/2008 - 5/2011 and asked her to sign an affidavit so that they can make sure that he does truly owe the above amount to her. Well low and behold, she refused to sign it thinking she would get the money in a lump sum so that she could raise the child she got pregnant with by another man while living him and using his military health insurance too. Not only that she has been telling the children that their bio father does nothing for them, that he will beat them for any reason, and that the other man now living with her is their father so call their bio father by his name. We (my hubby and his parents) managed to scrape together enough money to get a second lawyer that is pro-military parents to take the ex to court...according to the ag based on the cost of all the bills (rent, medical, utilities, auto maintenance, etc) that she accumulated while living my hubby she owes him almost $20K, but until they get that affidavit they are reporting to the credit bureaus that my hub is delinquent on his child support.
    So I looked up laws to protect service members, but all I could find is Servicemembers Civil Relief Act (SCRA). It doesn't explain much, but I was told that if someone is deployed changes to a decree unless properly demonstrated that it was needed and his COC overseas was notified as well as him, this could not be done.
    BTW his children are supposed to come up to see him for 42 days in the summer, but they say they don't want to because their mother says they don't have to and if they do come up they will miss out on doing things with the baby. This whole mess has landed my hub's son in the hand of a child psychologist and psychiatrist, and his daughter is close to being in her brother's shoes.

    Someone please help...any suggestions would be greatly appreciated.
  2. Quis custodiet ipsos custodes?
    Tojai's Avatar
    Tojai is offline
    Quis custodiet ipsos custodes?
    Join Date
    Sep 2009
    Location
    St. Pete FL
    Posts
    30,026


    #2
    He needs a laywer for sure. In the meantime he needs to get documentation of everything that he can get his hands on - the money he sent to her, that he was paying for her rent and other bills, any proof that his ex-wife lived with him, etc. Communication with her should be through some written medium (email etc.) so he can keep a record of it.

    I don't really understand what's going on though, he has two lawyers now? Did the first one get fired or something? Has he been to base legal?

    If this new lawyer is familiar with the military he should already know about the SCRA and probably a ton of other things too.
  3. Senior Member
    Judi89's Avatar
    Judi89 is offline
    Senior Member
    Join Date
    Jun 2008
    Posts
    30,839
    #3
    Yep, get a lawyer.



    "If we ever forget that we're one nation under God, then we will be a nation gone under." - President Ronald Reagan
  4. Banned
    gunsgirl's Avatar
    gunsgirl is offline
    Banned
    Join Date
    Jul 2007
    Location
    lost
    Posts
    17,275
    #4
    he needs a lawyer- the SCRA only covers the member when they enact it-

    he can get an attorney to force her to sign the affidavit.

    also as long as he has proof of the deposits for the payments he made directly they will credit him.

    but he really needs an attorney to sort it all out.
  5. "If you don't like my attitude, quit talking to me"
    TrishAFSpouse's Avatar
    TrishAFSpouse is offline
    "If you don't like my attitude, quit talking to me"
    Join Date
    Jan 2011
    Location
    VA
    Posts
    12,308
    #5
    Sadly, any money given to her directly that isn't given through a court is considered a gift to her and he will not be able to get any of that back.

    I am not a lawyer, but based on what has happened to others I know, if someone represented him on his behalf (i.e. a lawyer or his parents via POA) that is the same as contacting him and him 'knowing' about it.

    As far as them saying he owes $17200 for support that wasn't accounted for, that is true. If the courts didn't raise it like they were supposed and now realize their mistake, he still owes it (because as far as the court is concerned he hasn't ever paid it).

    Good luck. I hope the new lawyer can do something.

    There are 10 types of people in the world, those that understand binary and those that don't
  6. Regular Member
    Navy22512's Avatar
    Navy22512 is offline
    Regular Member
    Join Date
    May 2012
    Location
    Madison, WI
    Posts
    90
    Blog Entries
    1
    #6
    The first lawyer is away in CA for family reasons. The new lawyer has all the documentation that we had with us here in WI. He has spoken with JAG but the person he spoke with and is in communications with him is barred with WI (WI will not touch anything court related from TX). We send her things via certified mail restricted signature...problem is that she lives with her parents and her mother signs for her. And the change in child support never went through his first lawyer...we are hoping for the best. Just found out that there will be an emergency court hearing before the kids come to visit...exact date will be determined in a week or so.
  7. "If you don't like my attitude, quit talking to me"
    TrishAFSpouse's Avatar
    TrishAFSpouse is offline
    "If you don't like my attitude, quit talking to me"
    Join Date
    Jan 2011
    Location
    VA
    Posts
    12,308
    #7
    How old are the kids?


    And being that you are in WI and the kids are in TX, you may have a hard time finding a WI lawyer that will handle child support in TX. You may have to get a TX lawyer.

    There are 10 types of people in the world, those that understand binary and those that don't
  8. Regular Member
    Navy22512's Avatar
    Navy22512 is offline
    Regular Member
    Join Date
    May 2012
    Location
    Madison, WI
    Posts
    90
    Blog Entries
    1
    #8
    Quote Originally Posted by TrishAFSpouse View Post
    Sadly, any money given to her directly that isn't given through a court is considered a gift to her and he will not be able to get any of that back.

    I am not a lawyer, but based on what has happened to others I know, if someone represented him on his behalf (i.e. a lawyer or his parents via POA) that is the same as contacting him and him 'knowing' about it.

    As far as them saying he owes $17200 for support that wasn't accounted for, that is true. If the courts didn't raise it like they were supposed and now realize their mistake, he still owes it (because as far as the court is concerned he hasn't ever paid it).

    Good luck. I hope the new lawyer can do something.
    True if someone represents you then it is like you knowing, however not even his parents with the POA were notified of the change, for that matter not even his attorney at the time. He has no problem paying his child support, but he feels that he did the right thing by calling the AG only to get punished for it too.

    Sometimes it seems it's better not to do good than what is right
  9. Regular Member
    Navy22512's Avatar
    Navy22512 is offline
    Regular Member
    Join Date
    May 2012
    Location
    Madison, WI
    Posts
    90
    Blog Entries
    1
    #9
    The children are 6 and 10, his son the eldest of the two.

    We have TX lawyers, but the JAG officer he his talking to via his command can only help protect his job and make suggestions as he can't deal with TX.
  10. "If you don't like my attitude, quit talking to me"
    TrishAFSpouse's Avatar
    TrishAFSpouse is offline
    "If you don't like my attitude, quit talking to me"
    Join Date
    Jan 2011
    Location
    VA
    Posts
    12,308
    #10
    Quote Originally Posted by Navy22512 View Post
    True if someone represents you then it is like you knowing, however not even his parents with the POA were notified of the change, for that matter not even his attorney at the time. He has no problem paying his child support, but he feels that he did the right thing by calling the AG only to get punished for it too.

    Sometimes it seems it's better not to do good than what is right
    Its a slippery slope because say they sent to a last known address, and that address he no longer lives at. The court considers that as him being contacted, whether the address is correct or not. If they send it to an incorrect address, and it doesn't get returned, they assume he got it. If he fails to respond they will give her what she wants. Not sure if that is what happened here but its an example of what could happen. The court should be able to provide how they contacted (such as what address they mailed the information to), if someone signed for it, etc.

    There are 10 types of people in the world, those that understand binary and those that don't
Page 1 of 4 1234 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •