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Military Families Military Families

child support

Posted by on Apr. 15, 2012 at 12:18 AM
  • 27 Replies
When a service member has a child from a previous marriage, what are the repercussions within the army if he/she doesn't pay child support?

A friends husband has two kids whom he recently stopped paying child support. The mother of the children is refusing to send them to visit, in his mind giving him reason to stop paying. His new wife is upset, she doesn't want him to sign over his rights. She asked my opinion, which I'm against both of the parents, but I thought it was against military law to not pay child support?

Anyways I want to make sure I gave her the right info.
by on Apr. 15, 2012 at 12:18 AM
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Replies (1-10):
blondie.mom
by Charity on Apr. 15, 2012 at 12:23 AM
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Why is she not letting the kids visit? She can get in trouble (if there is a court order) for that. Child support and custody/visits are NOT connected, so him not paying because of that is wrong. He can get in trouble for not paying if it is court ordered. But I'm not sure what all can happen, I would think that they would just make him start paying again?
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hopinforanother
by on Apr. 15, 2012 at 12:26 AM
If there is no court order requiring her to send the kids to visit, then she doesn't have to, it has nothing to do with child support.
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hopinforanother
by on Apr. 15, 2012 at 12:27 AM
If he has been ordered to pay CS, he has no choice. He has to do it.
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Newfie_Mom
by on Apr. 15, 2012 at 12:27 AM

Im sorry, I know, Im not part of your group but I know the answer to this question. My xhusband was army he had a child from before we were married and when he stopped paying the child support (long story as to why not the point) nothing happened at first then we did our taxes and they yanked the support he owed plus some from our refund

betsyfaith
by Betsy :) on Apr. 15, 2012 at 12:45 AM
They're both in the wrong, and both can get in trouble....him both with the army and courts, her just with the courts
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usmclife58
by Nikki on Apr. 15, 2012 at 1:11 AM


Quoting betsyfaith:

They're both in the wrong, and both can get in trouble....him both with the army and courts, her just with the courts


chrlstoncharmed
by Melissa on Apr. 15, 2012 at 1:13 AM
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Those poor kids. :-(
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SusanD
by Silver Member on Apr. 15, 2012 at 1:13 AM
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Well, in most cases there are separate court orders for visitation/custody and child support. This is to prevent someone from saying "oh well I can't see my kids, so I don't HAVE to pay support because she violated the order". They are both in the wrong, and both likely in violation of separate court orders. If she isn't letting him see the children,and violating the order then stopping child support is not the answer. Instead, he should continue to pay and go through the court system to get the visitation situation fixed.

As for what can happen to your friend's DH. He can be punished through both the civilian system and the military system. In the civilian world they can garnish his pay and tax returns. The state that it is ordered through can suspend his drivers license, and any professional licenses that he may have. If he has a concealed handgun license, it can make it impossible for him to maintain. In the military system, once it gets to that point he can be ordered to pay. Once he is ordered to pay, if he refuses then he can be given an article 15. Beyond that, refusal to pay child support will make it to where he can not maintain a security clearance, thus potentially jeopardizing his job if it requires one. That is just the tip of the iceberg.

bascha
by Member on Apr. 15, 2012 at 1:17 AM

I just asked my DH.  He's in the Army, and pays support for two daughters from his first marriage.  He says that, if the support is court ordered, then your friend's DH could go to jail, and possibly lose some rank, too.  If there's no court order, then we have no idea.

gunsgirl
by Silver Member on Apr. 15, 2012 at 8:57 AM

I will assume that the child support is court ordered-

then he is in contempt of court- and it is a civil matter. the military does not keep track of what a member is suppose to pay. so what will happen, is the ex will take him back to court and show that he stopped paying. she will notify the child support enforcement agency who will notify the IRS and may serve a warrant for his arrest.if he lives in the same town he could come out and have a wheel boot on his car rendering it undrivable.

if he is arrested then he will then get into trouble with his command.

 

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