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Does anyone know if there is a way I can get a child support order modified if my ex is out of the country?

My ex is in the Army and is out of the country. I know he is making A LOT more money then he was when we got our order for child support but he refuses to just send me the info I need to request a modification. The court can not serve him because he is out of the country with the Army. Does anyone know a way around this?

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JLS2388

Asked by JLS2388 at 2:44 PM on Oct. 31, 2010 in General Parenting

Level 25 (25,280 Credits)
Answers (5)
  • My understanding is that child support orders can't be changed while they are deployed - is he stationed overseas or deployed? You should speak with an attorney, or better yet, your local child support enforcement center. They can tell you what is able to be done.
    Scuba

    Answer by Scuba at 2:50 PM on Oct. 31, 2010

  • Call your local friend of the court office. Good luck!
    Jazmineamomma

    Answer by Jazmineamomma at 3:03 PM on Oct. 31, 2010

  • Thanks, I am so confused by all of this, none of it makes sense but I think I will contact them tom.
    JLS2388

    Comment by JLS2388 (original poster) at 3:11 PM on Oct. 31, 2010

  • As far as I know since he can not be served any type of paperwork the modification will not proceed until he comes back from his deployment.

    There are some judges that will not allow a raise in child support for combat pay (which is what I am assuming you are going after) because he is deployed to a "war" zone. Sometimes it is considered compensation not a "pay raise" because he only gets it while deployed and not while state side and CS is baised on pay raises or demotions.

    Some states do not allow a CS modification on compensations (combat pay, disability, ect.), just like you cant get more CS if he gets a $1,000 xmas bonus. Also you have to confirm if he has been sent to war or not. If not he is not making anything more than what he was making while state side.

    Ulitmately its up to the judge and nothing will happen until he is state side again.
    Jwick

    Answer by Jwick at 3:38 PM on Oct. 31, 2010

  • Child support cannot be taken out of their allotments (like housing). Their combat and duty pay are part of this and child support cannot be taken from those.

    You should talk to the legal department for more specifics. All I know is based on my time and my husband's time in the Navy.
    _Tam_

    Answer by _Tam_ at 5:29 PM on Oct. 31, 2010

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