Military Child Support Case
by cindy
(louisiana)
I was married to a active duty soldier for over 11 years. I have a military child support case issue We had two children out of the marriage. We had a court order for 600.00 a month for both kids. My ex decided and agreed it was too low and raised the sum to 1000.00 a month on his own and paid it for over 8 years.
We made a verbal agreement that if he paid 1000.00 a month till my youngest graduated, i wouldnt persue the courts for more money as he got promoted over the years ( and his yearly cola raises, etc. ) all this was fine untill i wanted to settle out my part of the military retirement.
I tried to take him to court since sept 2010. He lives in washington, im in louisiana. He told me he would do whatever he had to do to not show up. He did just that. He kept continueing the hearing untill he couldnt anymore. Then in 2011 ( feb ) on our final hearing date--remember it started in sept, 2010 ----, he got his laywer to use the soldier aand sailors relief act to say he was deploying to afghanistan and therefore couldnt make it.
Fine, but he didnt leave till the end of april ( at the earliest ) our court date was feb 7th. He could have made it and everything could be settled but he avoided it for over 6 months and then stalled till he got out of the country. now i have to wait till he gets back again.
He stayed in korea for over 2 years. ( extended his time ) so i couldnt touch him previous to this attempt. When he got back in july 2010 i started with a laywer for retirement and he blew me off untill he left again. I am trying to agree on a retirement figure because i know he wont go to court, he will keep avoiding it and staying away. So i am shortchanging myself on my payment and settleing out of court so i will get something at all.
This made him mad that i wanted retirement so before he ducked out of the country he decided our verbal agreement for over 8 yrs was no good and he cut it back. ---> ( the amount of money ) I dont think i can prove a verbal agreement but why would anyone pay MORE than he had to unless we had one?
Then my daughter turned 18 and he still payed our agreed price another year and a half later, untill i went for retirement. It was then that he stalled the courts, turned off the allotment, and left the country again.
I decided i wont get a fair shake on the retirment because he will just keep out of the country or go back to korea with his wife when he comes back. But i would like to go to child supprt court and have my support reevaluated and i cant. He wont stay in the country long enough.
I think his commander used the sailors relief act fraduantly ( knowing he had time to go to court but acting like he was leaving 2 months earier ) I know he was in the country still in april because he called me twice from his home in washington. Our court date was in feb.
And actually , the first court date was in sept of 2010. he has blew them off this whole time using continuances so nothing can get sloved for me. So i am about to sign for a small part of my retirement. ( some is better than nothing , right???
Since i believe he will split once he gets back from afghanistan ) But id really like a court date for child support. since he went back on our agreement i believe there should be a way for me to go to court.
What say you to people who wont stay in the country long enough for a hearing?? what say you to those soldiers who extend out of the country so nothing gets done?? how can i do anything legally?? can i at all or am i just a victim to someone a bit smarter than the system who has his command on his side? i dont know what do about my military child support case issue or who to go to to help.