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Thread: Child support

  1. Fresh Newbie
    Armywife4s's Avatar
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    Jun 2017

    Child support

    Hi there, I am possibly looking at divorcing military spouse due to his years of lying, infidelity and selfish decisions. We have two small children who I am most concerned about. He is basically telling me that if he divorces me he will not be able to pay much in child support because it is based off his base pay and does not include his allowances and that BAH will change because I would get full custody. If anyone has any help please let me know. I just want to make sure my kids are taken care of. He literally ruined our lives, we sold our home to move with him and now have nothing.

    Thank you
  2. Senior Member
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    I would advise you to talk to a lawyer. Legal aid exists in most states, I would find the number and they can direct you. I think he is likely using scare tactics to get you to do what he wants. Child suppport isn't his choice.
  3. Senior Member
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    DB has said that guys he knows who have kids from women they aren't married to get it taken out of their paycheck before they even see it. Still consult a lawyer but I highly doubt that is true.
  4. Senior Member
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    The kids are still considered his dependends. I know guys who are divorced and get BAH. He won't have a choice paying child support as they will take it out directly from his pay.
  5. Senior Member
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    It depends on the state, but some states look at ALL income, taxable or not, when calculating child support.
    Only exception may be disability payments.

    You need to find an attorney who has experience doing divorces with military pay.

    What state are you in?
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  6. Regular Member
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    Having been a bailiff family law for several years and watching military families deal with these issues, my best suggestion is you speak with legal aid on base or get a consultation with an attorney who is knowledgeable about the military. I agree with Medic2Doula, sounds like scares tactics at play.

    "Well behaved women rarely make history"
  7. Senior Member
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    You need an attorney. Not just for a consultation but to retain and get you through the divorce process. He doesn't sound as though he will work with you to be able to file without one. He sounds as though he will tell you what will work in his favor. The attorney will not only tell you what you'd be eligible to get but also help you get it. I know it sucks facing divorce, going through the process and attorneys are not cheap, but it's really your only choice to help secure what you're eligible to get. Not just what he thinks you are.
  8. MilitarySOS Jewel
    Carolina's Avatar
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    Divorced or not the kids will be his depends and he will be expected to care for them. He *should* get dependent entitlements to go towards child support. Likely the only way he won't pay is if he waived his rights as a parent. Definitely consult a lawyer though, either through base or a civilian who has done numerous military divorces and has experience.
  9. MilitarySOS Jewel
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    definitely get a lawyer. DH has a friend who is got divorced and has 2 kids and he pays a lot more in child support than I would expect knowing his income (which is public knowledge since its military)
  10. "If you don't like my attitude, quit talking to me"
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    What income support is based on depends on state, no one here can say what a judge will or will not do. From military perspective, as long as he is active duty your kids have medical, so that's a plus. he will be required to pay support, but the amount, no one can say but a judge. I agree with the others, get a lawyer that specializes in military. Other things are at stake such as pension, 401k, etc.

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