Wayne County CSEA Child Support not helping with military spouse
Obligor has been on active duty in Marines since 2009 (perhaps longer). My original child support order was filed in 2004. Since inception, obligor fails to report address changes, employment changes and income changes (expect when it lowers his payments).
I discovered he was on unemployment prior to 2009, and failed to report that to Wayne County CSEA and was in arrears at the time. I have asked CSEA to help me enforce this order on several occasions. As fate would have it, he was married and divorced and his second wife (bless her pea pecking heart), called me to inform me obligor has failed to report his income to CSEA for years.
I obtained his LES and from what I understand, ALL of his military pay is considered for child support. However, CSEA in Wayne County went off of his W2, only showing his taxable income. As I understand it, CSEA should be going off his year to date LES amount, correct? If that's the case, he averaged $5500-$6000 per month and also received a total of $450000 plus in bonuses for basically polishing bullets.
All of that income being subject to child support. I can't seem to get Wayne County CSEA to assist me on obtaining what is right for my son. What's even more upsetting is, he serves our country and yet, neglects to see his son, or support him properly. That being said, can I file retroactive support all the way back to 2004 and force the courts to make this right? I just had an administrative review and would like to appeal and file for a hearing.
It seems like Wayne County is not educated on military pay.
I don't know if the current order of $550 is correct? If my findings and resources are correct, his payments should be more like $1250 to $1300 per month. Can I ask the courts to review his year to date les and W2 from 2004 forward? As an added insult, obligor uses his parents local address, and has for this support order for years. He has not resided there since 1997, but his Mom keeps track of all CSEA papers for him.
I also found out that in 2009 prior to enlisting he was an exotic dancer and made an upwards of $9000/mo. I could not make this stuff up if I tried! How do make the support order right from 2004 to current? I could not prove any of this information until recently when the ex wife called me. I tried on my own without proof, but I was busy raising children as a matter of fact.
In 2010 a judge finally ordered the Marines to pay the order as it was in 2004, but they didn't adjust it to his pay. The Marines said, it simply slipped through the cracks, as they are a small reserve unit based out of Smyrna, Georgia and are understaffed. Obligor is reserve duty on active orders since 2009.
I also discovered he was working under the table for a local contractor and he owed arrears at the time as well. I have the contractors name and information as well as a witness who saw obligor working for this contractor daily doing repairs on his home. I don't know if there is a way to prove all that? Thank you in advance for any assistance you may offer!