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Can child support papers be served during deployment?

I'm having my first baby in June, and the baby's father is in the Marines. He SAYS he will send me money for the baby every month and enroll her in DEERS/TriCare, but I don't trust him enough after the things he has done to me in the past that he will help out unless I file for child support. He also says that he is supposed to be getting deployed within the next month or two. If this is true, is it possible for me to even file for child support while he is deployed? Can he be served the paperwork overseas? Some people I have asked told me that I'd have to wait until he returns, which could be 14 months or more! Plus, god forbid something happens to him before he comes home. I just want to get all my ducks in a row before the baby is born so I know what my options are. Much thanks to anyone who can give me some advice or suggestions!

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shelbyk

Asked by shelbyk at 1:25 PM on Jan. 2, 2010 in General Parenting

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Answers (10)
  • If you know what unit he's in call his CO and ask.
    mommy_lisa25

    Answer by mommy_lisa25 at 1:37 PM on Jan. 2, 2010

  • before child support papers can be served to any member of the military, paternity must be established. once the child is proven his then he can be served.
    Anonymous

    Answer by Anonymous at 4:11 PM on Jan. 2, 2010

  • Call JAG on post where he is stationed and ask your questions but im going to say to you that they wont talk to you over the phone about legal stuff. I called JAG a few times about my apartment building i used to live in and i had simple questions and they would not answer me until i arrived with my appointment. The army on Fort lewis does walk ins only. But the Mcchord airforce base in lakewood, wa does appointments. Like i said, call JAG make a appt or if you cant do a walk in early in the morning. But do you have a military id? I heard from my husband (active duty army) that a spouse cant ask for child support if the person is in the military because they just cant. But i dont know if thats true.
    aeroslove

    Answer by aeroslove at 5:44 PM on Jan. 2, 2010

  • I do not have a military I.D. We were not married, we were dating for awhile and lived together, as well. Once we found out that I was pregnant, he caused A LOT of problems and I ended up moving out and leaving him, only to get a phone call from his WIFE shortly after. He had led me to believe that they had been divorced for two years, but that all ended up not being true... they had only been separated- but are now getting back together. So not only is this guy married, but having a baby with another woman (ME!) and I don't trust him to help out with the baby unless I file for chikd support. I think I found his 1st Sgt's phone number, so I'm going to try giving her a call on Monday and seeing what my options are!
    shelbyk

    Answer by shelbyk at 5:55 PM on Jan. 2, 2010

  • his 1st Sgt will hang up on you. you are no way affilated with the military and they will look at you as sadly enough just another crazy chick claiming to be pregnant. you can not do anything until the child is born and paternity is established. sorry you got hooked up with a loser but no one on any military establisment is going to help you.
    Anonymous

    Answer by Anonymous at 7:21 PM on Jan. 2, 2010

  • He can go to legal and have the paperwork drawn up saying that his child is due at this time and child support needs to be started when you turn in a copy of the birthcert. He also needs to have legal draw up the paperwork stating that he is the father of your unborn child. His name will not go on the birth cert if you don't have this paper. (no baby-daddy, no child support) Also, he can give you a power of attorney that states only that you can enroll the child in DEERS. I would also call his 1 SGT, if they do hang up on you at least you tried. If you don't call you will never know. If they do talk to you just say what you need to say and don't go into the whole life story. With him so close to deployment, you might be able to get an amnio to prove paternity.

    Rebeec123

    Answer by Rebeec123 at 8:27 PM on Jan. 2, 2010

  • This can't happen during deployment, at least in my case it couldn't.
    Anonymous

    Answer by Anonymous at 9:42 PM on Jan. 2, 2010

  • However...if he stays in the military... and paternity is established... the child will have full health coverage from that point on and you will receive child support (after taking him to court).
    Anonymous

    Answer by Anonymous at 9:47 PM on Jan. 2, 2010

  • Marines don't normally deploy for 14 months! Unless things have changed a whole lot since my dh did a service transfer from the Marines to the Army, the longest deployment was 7 months.

    First of all, he's married and having a child with you. That right there will get his ass in huge trouble whether he was separated or not, he was still married. So, if he wants to avoid getting his chain of command involved, he will comply with what you need/want, which would be a paternity test and child support. I would talk to the ex before doing anything and remind him of the situation and that you are ready and willing to call his 1stSgt or the Sgt Major if need be. My hubby said that his chain of command will get involved but see if he will do the right thing first. If he's leaving so soon, he should have some sort of idea as to when he'll be coming home....should be 6-7 months...if he told you 14 month....(continued..)

    all4mymarine

    Answer by all4mymarine at 11:44 AM on Jan. 3, 2010

  • If he told you that he's going to be gone 14 months then it sounds like he's trying to get off the hook for a little longer.

    My husband said to get an attorney and have them contact his chain of command (but I would only do that if he refuses to do the right thing or gives you a hard time). But I would get all this stuff in a row while he's gone and have a paternity test set up and ready to when he gets back. You can get a free consultation a lot of times with attorneys though, I'd do that first and foremost to find out your options.

    Good luck!
    all4mymarine

    Answer by all4mymarine at 11:50 AM on Jan. 3, 2010

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